Shields v. Stillman
Supreme Court of Missouri
3. Practice, civil — Justices’ courts —sAppeals — Judgment in the appellate court for an amount exceeding the justice’s jurisdiction, improper.— On an appeal from the judgment of a justice of the peace, a judgment in the appellate court for an amount which, exclusive of interest, exceeds the jurisdiction of a justice’s court, is not warranted. The judgment must be limited to an amount within the jurisdiction of the justice. Appeal from St. Louis Circuit Court.
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3. Practice, civil — Justices’ courts —sAppeals — Judgment in the appellate court for an amount exceeding the justice’s jurisdiction, improper.— On an appeal from the judgment of a justice of the peace, a judgment in the appellate court for an amount which, exclusive of interest, exceeds the jurisdiction of a justice’s court, is not warranted. The judgment must be limited to an amount within the jurisdiction of the justice. Appeal from St. Louis Circuit Court. I. The plaintiff did not leave the right of possession to the premises in controversy at the time of bringing this suit for…
1Opinion of the Court
Currier, Judge,
delivered tbe opinion of tbe court.
Tbis suit was commenced before a justice of tbe peace to recover possession of certain premises let by deed of lease by tbe plaintiff and bis former wife to one of tbe defendants, for a term of two years, commencing May 15, 1867, and ending May 15, 1869. The proceeding is founded upon the statute in relation to landlords and tenants (Gen. Stat. 1866, p. 741, §§ 38-5). Tbe defense, in substance, is that the plaintiff’s interest in tbe premises, and tbe rents reserved by tbe lease, terminated prior to tbe accrual of tbe rent alleged to be in…
2Cases cited3 opinions
- Emerson v. ThompsonMassachusetts Supreme Judicial Court · 1820
- Scott v. SimesThe Superior Court of New York City · 1863
- Richardson v. DaggettSupreme Court of Vermont · 1832
3Cited by8 opinions
- Johnston v. JohnstonSupreme Court of Missouri · 1903
- Craig v. BradleyMissouri Court of Appeals · 1911
- Abshire v. State ex rel. WilsonIndiana Supreme Court · 1876
- Arn v. ArnMissouri Court of Appeals · 1899
- Tyree v. Midwest Envelope Co.Missouri Court of Appeals · 1924
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