Mills v. Thomson
Supreme Court of Missouri
Error to Cooper Circuit Court. I. The verdict did not find on the issue of the case, lmt found $1.50 for horses and $25 for damages : the issue was, did the property belong to Mills? It should have been treated as a nullity. II. The amount of property involved was beyond the jurisdiction of a justice of the peace, and the motion in arrest ought to have been sustained for want of jurisdiction. (Wagn.
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Error to Cooper Circuit Court. I. The verdict did not find on the issue of the case, lmt found $1.50 for horses and $25 for damages : the issue was, did the property belong to Mills? It should have been treated as a nullity. II. The amount of property involved was beyond the jurisdiction of a justice of the peace, and the motion in arrest ought to have been sustained for want of jurisdiction. (Wagn. Stat., 807-8, §§ 2, 3 ; Butler vs. I'vie, 30 Mo., 478.) I. The statute (Wagn. Stat., 92, § 52) gives a party the right to interplead. It does not say what kind of a verdict shall be returned, or…
1Opinion of the Court
Sherwood. Judge,
delivered the opinion of the court.
Thomson brought suit by attachment before a justice of the peace against Samuel and R. E. Maxwell, on a promis*417sory note, for $150, on which note a balance of $72.77 was claimed. Under the writ issued in the cause, the constable attached a quantity of personal property. W. EL Mills filed an interplea for a portion of the property thus attached, and in the circuit court, where the cause was taken by appeal, was successful.
I
Inasmuch as the value of the property claimed by the interpleader exceeded the amount imposed by law as the statutory limit…
2Cited by11 opinions
- Corthell v. MeadSupreme Court of Colorado · 1894
- Ryan v. GrowneySupreme Court of Missouri · 1894
- Nelson Distilling Co. v. HubbardMissouri Court of Appeals · 1893
- State ex rel. Reeves v. BarkerMissouri Court of Appeals · 1887
- Springfield Engine & Thresher Co. v. GlazierMissouri Court of Appeals · 1893
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