Bayer v. Ralston Purina Co.

CLEMENS, Commissioner.

The threshold issue here concerns our jurisdiction. We must determine that ourselves; it cannot be conferred by independent action of the appealing party. City of Olivette v. Graeler, Mo.App., 329 S.W.2d 275 [1, 2], The specific jurisdictional issue is whether a plaintiff-appellant can confer jurisdiction on this court by stating in her brief that the amounts prayed for in her petition ($10,000 actual and $25,000 punitive damages) are “mere color-able figures.” We say no.

Plaintiff sued defendant for conversion, praying for $10,000 actual and $25,000 punitive damages. The…