Hixon v. Selders
Missouri Court of Appeals
Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) The complaint must be verified by affidavit. R. S. 1889, sec. 5092 ; Fletcher v. Keyte, 66 Mo. 285. { 2) In unlawful detainer cases justices of the peace have exclusive original jurisdiction. McQuoid v. Lamb, 19 Mo. App. 153 ; Bast r>. Ketchum, 5 Mo. App. 433; Fletcher v. Keyte, supra.
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Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) The complaint must be verified by affidavit. R. S. 1889, sec. 5092 ; Fletcher v. Keyte, 66 Mo. 285. { 2) In unlawful detainer cases justices of the peace have exclusive original jurisdiction. McQuoid v. Lamb, 19 Mo. App. 153 ; Bast r>. Ketchum, 5 Mo. App. 433; Fletcher v. Keyte, supra. (3) In an action commenced before a justice of the peace under the unlawful detainer act, if plaintiff claim a specific sum as embracing the amount of his damages, judgment on appeal to the circuit court for a greater sum is error. Moore v.…
1Opinion of the CourtSmith, P. J.
This is an unlawful detainer suit, brought by plaintiff to recover from the defendant possession of eighty acres of land in Barton county, Missouri, and damages for withholding the same. The suit was instituted before a justice of the peace, and taken by writ of certiorari to the circuit court. The complaint that was filed with the justice, and which was duly sworn to, alleged that plaintiff was damaged in the sum of $50. After the jury was selected and sworn (in the circuit court) to try the case, the plaintiff asked leave to amend her complaint by interlineation, by adding the words “one…
2Cases cited5 opinions
- House v. DuncanSupreme Court of Missouri · 1872
- McClannahan v. SmithSupreme Court of Missouri · 1882
- Feedler v. SchroederSupreme Court of Missouri · 1875
- Moore v. DixonSupreme Court of Missouri · 1872
- Elliott v. AbellMissouri Court of Appeals · 1890
3Cited by4 opinions
- Gary Realty Co. v. KellySupreme Court of Missouri · 1919
- Bremen Mining & Milling Co. v. BremenNew Mexico Supreme Court · 1905
- Dean v. TraxMissouri Court of Appeals · 1896
- U. S. Water & Steam Supply Co. v. DreyfusMissouri Court of Appeals · 1904