Johnson v. Stephens
Missouri Court of Appeals
Appeal from Clark Circuit Court. — Hon. E. B. McKee, Judge. (1) This action being for an accounting, is purely an equitable proceeding, of which the justice of the peace before whom it was brought, had no jurisdiction; and the right of the circuit court to hear and determine the matters involved, being derivative, and not original, it acquired no jurisdiction on appeal. Seeser v. Southwick, 66 Mo. App-. 671; Miller v. Life Ins. Co., 68 Mo.
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Appeal from Clark Circuit Court. — Hon. E. B. McKee, Judge. (1) This action being for an accounting, is purely an equitable proceeding, of which the justice of the peace before whom it was brought, had no jurisdiction; and the right of the circuit court to hear and determine the matters involved, being derivative, and not original, it acquired no jurisdiction on appeal. Seeser v. Southwick, 66 Mo. App-. 671; Miller v. Life Ins. Co., 68 Mo. App. 19. (2) Such want of jurisdiction is not waived by the appearance of defendant,' as it is not the jurisdiction of the person but of the subject-matter…
1Opinion of the CourtBland, P. J.
(after stating the facts). — The evidence of plaintiff shows conclusively that the defendant did not enter into a personal obligation to pay him any sum of money whatever. The understanding was that defendant should pay plaintiff any surplus that might remain from the sale of the livery barn, thereafter to be made, after deducting the debt and interest *633due defendant and taxes dne and to become dne that he might pay.
Johnson’s evidence shows that, notwithstanding he made an unconditional conveyance of the livery barn to the defendant, he retained an equity therein. This equity was the right of…
2Cases cited2 opinions
- Sandige v. HillMissouri Court of Appeals · 1897
- Miller v. Metropolitan Life InsuranceMissouri Court of Appeals · 1896
3Cited by6 opinions
- Hoover v. AbellMissouri Court of Appeals · 1950
- Bridge Development Co. v. VurroMissouri Court of Appeals · 1975
- Trapp v. MersmanMissouri Court of Appeals · 1914
- Guhman v. DunawayMissouri Court of Appeals · 1914
- Vance v. McHughMissouri Court of Appeals · 1915
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