Lynch v. Yellow Cab Co.

REEVES, District Judge.

In all of the foregoing cases, the ad damnum averments of the petitions show damages within the jurisdiction of this court. However, the prayer for judgment in each case is for a sum of money below the jurisdiction of the court. The question for consideration, therefore, is whether the ad damnum averments are controlling as against the prayers as a test of jurisdiction. These being law cases, it must be conceded that the question must be determined from the Missouri state statutes and decisions.

1. Section 764, R.S.Mo. 1929 (Mo.St.Ann. § 764, p. 983), relating to the…