City of Westport ex rel. Moore v. Hauk
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Jno. W. Henry, Judge. (1) This case was properly certified by the justice to the circuit court, and when this was done the circuit court became “possessed of said cause.... as if originally commenced therein,” and regardless of the question as to whether or not the justice had jurisdiction of the case. E. S. 1889, sec. 6219; E. S. 1899, sec. 3951; Meier v. Thieman, 90 Mo. 441; State ex rel. v. Ganzhorn, 52 Mo.
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Appeal from Jackson Circuit Court. — Hon. Jno. W. Henry, Judge. (1) This case was properly certified by the justice to the circuit court, and when this was done the circuit court became “possessed of said cause.... as if originally commenced therein,” and regardless of the question as to whether or not the justice had jurisdiction of the case. E. S. 1889, sec. 6219; E. S. 1899, sec. 3951; Meier v. Thieman, 90 Mo. 441; State ex rel. v. Ganzhorn, 52 Mo. App. 220; Gassert v. Bogk, 7 Mont. 585 (1 L. E. A. 240); Biddler v. Walker, 69 Ind. 362; Duckworth v. Mosier, 129 Ind. 458 (29 N. E. 1057);…
1Opinion of the Court
SMITH, P. J.-
This is an action on three special tax-bills, for thirty dollars each, issued by the said city against a certáin lot of the defendant for street curbing in front *367thereof. It was brought before a justice of the peace where “it appeared to the satisfaction of the justice that the title to real estate was involved therein,” and thereupon the justice certified the cause to the circuit court. In the latter court the defendant moved that the cause be dismissed because neither that court nor the justice had jurisdiction of it. This motion was sustained and from the judgment the relator…
2Cases cited1 opinion
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