Wissman v. Meagher
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) A mechanic’s lien suit before a justice is a special statutory proceeding, and jurisdiction over it cannot be acquired without a substantial showing of the facts which authorize the exercise of the jurisdiction. Heimberger v. Harrison, 83 Mo. App. 544; Ely v. Wren, 90 Pa.
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Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) A mechanic’s lien suit before a justice is a special statutory proceeding, and jurisdiction over it cannot be acquired without a substantial showing of the facts which authorize the exercise of the jurisdiction. Heimberger v. Harrison, 83 Mo. App. 544; Ely v. Wren, 90 Pa. St. 144; Dean v. Wheeler, 2 Wis. 224. (2) The jurisdiction is not created and does not attach in these special statutory proceedings (and especially before justices of the peace, under the Missouri decisions), until the facts warranting the exercise…
1Opinion of the CourtBland, P. J.
— Appeal from the order of the circuit court overruling appellants’ motion to quash an execution issued upon a transcript judgment of a justice of the peace, filed in the office of the clerk of the circuit court. The grounds assigned in the motion for quashing the execution are as follows:
“1. That the said justice of the peace, Frank M. Kleiber, had no jurisdiction of the subject-matter of the alleged proceedings in favor of the said L. Wissman & Go. and against defendants, James V. Webb and William M. Bainbridge, on their property and buildings, and had no power and authority to hear…
2Cases cited8 opinions
- Sutton v. ColeSupreme Court of Missouri · 1900
- State v. SchneiderMissouri Court of Appeals · 1892
- Sappington v. LenzMissouri Court of Appeals · 1893
- Smith v. ChapmanSupreme Court of Missouri · 1879
- Norton v. PorterSupreme Court of Missouri · 1876
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3Cited by3 opinions
- State Ex Rel. M. J. Gorzik Corp. v. MosmanSupreme Court of Missouri · 1958
- Missouri Granitoid Co. v. GeorgeMissouri Court of Appeals · 1910
- Swezea v. JenkinsMissouri Court of Appeals · 1914