St. Louis ex rel. v. Yeatman v. Fox
Supreme Court of Missouri
APPEAL from Sfc. Louis Law Commissioner’s Court. STATEMENT OF THE CASE. This was an action brought by Jas. E. Yeatman, Edmund F. Pittman George R. Robinson &. Co., against Thomas Fox and Thomas Green, upon a bond, executed by said Fox and Green to the city of St. Louis.
Read the full summary
APPEAL from Sfc. Louis Law Commissioner’s Court. STATEMENT OF THE CASE. This was an action brought by Jas. E. Yeatman, Edmund F. Pittman George R. Robinson &. Co., against Thomas Fox and Thomas Green, upon a bond, executed by said Fox and Green to the city of St. Louis. The grounds alleged by the plaintiffs below in their petition, and upon which they seek to recover, are as follows: That Fox and Green executed their bond to the city of St. Louis on the 12th day of Nov. 1849, in thepenal sum of $200; the consideration of which bond is, that said Fox had registered and taken out a license for…
1Opinion of the CourtScott, J.
The only question in this cause is, whether the Law Commissioner has jurisdiction in an action on a penal bond in the sum of two hundred dollars. The law gives jurisdiction to that officer “in all actions founded upon contract, wbeie the debt, or balance due or damages claimed, exclusive of interest, shall not exceed one hundred and fifty dollars. The opinion has generally prevailed in this State, that the penalty of a bond determines the jurisdiction of the court. In actions on such bonds, the judgment is always for the penalty. It never was supposed, that justices of the peace had…
2Cases cited1 opinion
- Wimer v. BrothertonSupreme Court of Missouri · 1841