Whalen v. Keith
Supreme Court of Missouri
Appeal from, St. Louis Laiv Commissioners Court. There are but two points presented for the decision of the court. I. Had the justice jurisdiction of the action, or is there anything alleged in the complaint to render the defendant liable in this action ? II.
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Appeal from, St. Louis Laiv Commissioners Court. There are but two points presented for the decision of the court. I. Had the justice jurisdiction of the action, or is there anything alleged in the complaint to render the defendant liable in this action ? II. Could the plaintiff, in the absence of proof of trespass or encroachment upon his premises by defendant, recover, or should not the instruction asked by defendant have been given ? This was an action for a “ private nuisance,” and unless a justice of the peace had jurisdiction, the motion to dismiss should have been sustained and the…
1Opinion of the CourtBates, Judge
This was a suit brought before a justice of the peace by a complaint, as follows:
“ Plaintiff states that he has been damaged by defendant to the amount of fifty dollars, in this, that he, plaintiff, is owner and occupier of certain premises described as follows: one house and lot situated on Poplar street, south side, between Nineteenth and Twentieth streets; that defendant is the owner and occupier of premises adjacent to the house occupied by plaintiff; that said defendant has erected or caused to be erected on his (defendant’s) premises, a certain frame shed, a portion of which encroaches…
2Cited by4 opinions
- Kuchler v. WeaverSupreme Court of Oklahoma · 1909
- State v. TowerSupreme Court of Missouri · 1904
- State Ex Rel. Renfrow v. Service Cushion Tube Co.Supreme Court of Missouri · 1927
- Williams v. BrowningSupreme Court of Missouri · 1870