Alkire Grocer Co. v. Tagart
Missouri Court of Appeals
Error to the Cole Circuit Court. — Hon. D. W. Shackleford, Judge. The court erred in entertaining jurisdiction of this suit after the trial of the other case and judgment therein. Justice of the peace had no jurisdiction.
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Error to the Cole Circuit Court. — Hon. D. W. Shackleford, Judge. The court erred in entertaining jurisdiction of this suit after the trial of the other case and judgment therein. Justice of the peace had no jurisdiction. The evidence shows, and is undisputed that at the time this suit was brought all the claim plaintiff had or pretended to have against defendant was due, and that the plaintiff’s agent and the justice split up the demand so as to give the justice jurisdiction the whole amount then claimed exceeding his jurisdiction. This could not be done. R. S. 1889, secs. 6142 and 3; 59 Mo.…
1DissentGill, J.
(dissenting). — I can not concur in the foregoing opinion, either as to its statement of facts or conclusions of law. As I read the record, this was simply the matter of an ordinary running account — the sale of goods by a wholesale merchant to a country store — wherein various items were furnished during the months of June, July, August and September, with partial payments, leaving a balance of $303.80 due on December 10, 1890. On that day the plaintiff’s agent brought two suits before a justice one for $230.76 and the other for $73.04. He testifies that he split up the account so that he…
2Cases cited8 opinions
- Union Railroad & Transportation Co. v. TraubeSupreme Court of Missouri · 1875
- Madison County Coal Co. v. Steamboat ColonaSupreme Court of Missouri · 1865
- Steiglider v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
- Boylan v. The Steamboat VictorySupreme Court of Missouri · 1867
- Ring v. JamisonMissouri Court of Appeals · 1876
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