Legal Opinion

Mason v. Hannah

Missouri Court of Appeals

Decided April 5, 1888PublishedCited by 3 opinions

Appeal from Randolph Circuit Court, Hon. G. H. Burckhartt, Judge. The case is stated in the opinion. I. The court below erred in refusing appellants’ demurrer to the evidence offered by respondent. Rev. Stat., secs. 5720, 5726 ; Stamps v. Bridwell, 57 Mo. 22 ; Hickerson v. Benson, 8 Mo. 8 ; Wimer v. Pritchartt, 16 Mo. 255 ; Kitchen v. Greenabauvn, 61 Mo. 110; Rev. Stat., secs. 2881, 1102, 3844, 1103 ; Murphy v. Campbell, 36 Mo. 110. II.

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Appeal from Randolph Circuit Court, Hon. G. H. Burckhartt, Judge. The case is stated in the opinion. I. The court below erred in refusing appellants’ demurrer to the evidence offered by respondent. Rev. Stat., secs. 5720, 5726 ; Stamps v. Bridwell, 57 Mo. 22 ; Hickerson v. Benson, 8 Mo. 8 ; Wimer v. Pritchartt, 16 Mo. 255 ; Kitchen v. Greenabauvn, 61 Mo. 110; Rev. Stat., secs. 2881, 1102, 3844, 1103 ; Murphy v. Campbell, 36 Mo. 110. II. The demurrer should have been sustained by the court below. It drives directly at both the pleadings and the evidence. The petition shows on its face that…

1Opinion of the CourtPhilips, P. J.

This is an action of replevin, brought in the circuit court, to recover a watch, alleged in the petition to be of the value of one hundred and twenty-five dollars. No damages are alleged. It was admitted at the trial that the watch was of the value of one hundred dollars. Plaintiff had judgment, and defendants have appealed.

The question arises on this record, did the circuit court have jurisdiction over the subject-matter of the action ? The source of its jurisdiction is found in section twenty-two, article six, of the state constitution: “The circuit court shall have jurisdiction over all…

2Cases cited3 opinions

  1. Stamps v. BridwellSupreme Court of Missouri · 1874
  2. City of St. Joseph v. PorterMissouri Court of Appeals · 1888
  3. State ex rel. Winship v. ClarkSupreme Court of Missouri · 1874

3Cited by3 opinions

  1. Short v. MorrisonMissouri Court of Appeals · 1910
  2. Payne v. WeemsMissouri Court of Appeals · 1889
  3. Davidson v. SchmidtMissouri Court of Appeals · 1910

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