Williams v. Browning
Supreme Court of Missouri
Error to Fifth District Court. The objection to the jurisdiction of the justice, made in the justice’s court, and the Circuit Court and District Court, should have been sustained. (1 Hill, on Torts, 508, note 5; 6 Hill, 342; 15 Ohio, 489.)
1Opinion of the CourtCurrier, Judge
This suit was brought before a justice of the peace to recover twenty-five dollars damages for obstructing the plaintiff’s drain, whereby, it is alleged, the plaintiff’s premises were injured by the accumulation of water thereon — its outward flow being interrupted by the obstructions in said drain. It is objected that the subject-matter of the suit was not within the jurisdiction of a justice; and that if it was, the justice failed to acquire jurisdiction of the defendant — the summons issued by the justice being claimed to be invalid. 1. The first objection rests upon-the assumption that…
2Cases cited1 opinion
- Whalen v. KeithSupreme Court of Missouri · 1864
3Cited by2 opinions
- Vaughn v. Missouri Pacific RailroadMissouri Court of Appeals · 1885
- Creason v. Wabash, St. Louis & Pacific Ry. Co.Missouri Court of Appeals · 1885