Keim v. Daugherty
Supreme Court of Missouri
APPEAL from Platte Circuit Court. 1. Archibald Hill, being a justice of the peace for Preston township, bad no right to try the case in Platte city, that being in Carroll township, and consequently beyond his jurisdiction.
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APPEAL from Platte Circuit Court. 1. Archibald Hill, being a justice of the peace for Preston township, bad no right to try the case in Platte city, that being in Carroll township, and consequently beyond his jurisdiction. To show that he had no jurisdiction, authority is deemed unnecessary, as the power is nowhere given to him by the statute to try the case in a different township from his own. 2. The Circuit Court has no power to enter any judgment in this ease, except such as is directed by the 27th section of the statute, of 1839, p. 48. There the Circuit Court is only authorized to…
1Opinion of the CourtTompkins, J.
William H. H. Daugherty sued out a writ of forcible entry and detainer, against Daniel Keim, to appear before a justice of the peace for Preston township, in the said county of Platte. The parties appeared, and the ease was submitted to a jury, who, being unable to agree in their verdict, were discharged by the justice. Afterwards, on the motion of Daugherty, the plaintiff1, the cause was removed to Platte city, in another township, to wit, Carroll township.
Keim objected to this removal, but was overruled, and the cause removed. The trial took place at Platte city, both parties appearing; and…
2Cited by3 opinions
- Bernicker v. MillerSupreme Court of Missouri · 1866
- Anheuser-Busch Brewing Ass'n v. Southern Bowling Ass'nMissouri Court of Appeals · 1908
- Reynolds v. LedererMissouri Court of Appeals · 1894