Batchelor v. Bess
Supreme Court of Missouri
dip peal from Stoddard Circuit Court. This was an action commenced before a justice of the peace on the following instrument of writing : “ On or before the 20th day of November, 1854, I promise to pay John Batchelor or order, two hundred and twenty-five bushels of merchandise, corn, to be delivered on the farm I have bo’t of him; value rec’d, this the 19th day of January, 1858. Wm. H. Bess.” At the trial, the defendant moved to dismiss the suit for want of jurisdiction.
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dip peal from Stoddard Circuit Court. This was an action commenced before a justice of the peace on the following instrument of writing : “ On or before the 20th day of November, 1854, I promise to pay John Batchelor or order, two hundred and twenty-five bushels of merchandise, corn, to be delivered on the farm I have bo’t of him; value rec’d, this the 19th day of January, 1858. Wm. H. Bess.” At the trial, the defendant moved to dismiss the suit for want of jurisdiction. The justice overruled the motion, and gave judgment for the plaintiff for $112 50. The defendant appealed to the Circuit…
1Opinion of the CourtLeonard, Judge
The claim of the plaintiff and the amount adjudged both exceeded a justice’s jurisdiction; for, although the amount of damages claimed by-the plaintiff is nowhere expressly shown, the amount for which he accepted a judgment must be here imputed to him as the amount he claimed. If he had remitted in the justice’s court the excess of damage there found, that would have been sufficient; and such, it is believed, has been the opinion and practice upon this subject. But such a remittitur in the Circuit Court, after the cause has been transferred there, by appeal, can not have the same effect. When…
2Cited by4 opinions
- Sutton v. ColeSupreme Court of Missouri · 1900
- Simpson v. WatsonMissouri Court of Appeals · 1884
- State ex rel. South St. Joseph Town Co. v. MosmanMissouri Court of Appeals · 1905
- Mitchell Planing Mill Co. v. ShortMissouri Court of Appeals · 1894