Berry Foundry & Mfg. Co. v. International Moulders' Union of North America

• Decision Date: 28 June 1913
• Citation: 158 S.W. 18
• Parties: BERRY FOUNDRY & MFG. CO. v. INTERNATIONAL MOULDERS' UNION OF NORTH AMERICA et al.
• Court: Missouri Supreme Court

158 S.W. 18

BERRY FOUNDRY & MFG. CO. v. INTERNATIONAL MOULDERS' UNION OF NORTH AMERICA et al.

Supreme Court of Missouri, Division No. 1.

June 28, 1913.

COURTS (§ 231)—SUPREME COURT—JURISDICTION—AMOUNT IN CONTROVERSY.

Rev. St. 1909, § 3937, provides that, where the amount in controversy does not exceed $7,500 exclusive of costs, the appeal must be taken to the proper court of appeals. Held that, where complainant sued certain labor unions and their members for conspiracy and prayed for an injunction and damages in the sum of $10,000, and did not appeal from a decree awarding an injunction and $2,000, there being nothing affording any legal basis for estimating the value of the injunction as distinct from the damages awarded, the amount in controversy was the amount of damages allowed; and hence, on appeal by defendants, the case was not within the jurisdiction of the Supreme Court.

Appeal from Circuit Court, Buchanan County; L. C. Eastin, Judge.

Action by the Berry Foundry & Manufacturing Company against the International Moulders' Union of North America and others. Judgment for complainant, and defendants appeal. Transferred to Kansas City Court of Appeals.

The plaintiff corporation conducts a foundry and manufacturing business. It sues the defendant labor unions and the members thereof who are alleged to have quit the service of the plaintiff and to be engaged in a conspiracy to injure the plaintiff and prevent the conduct of its business by assaulting its servants and destroying its property. Plaintiff alleges that it is damaged to the sum of $10,000 and prays judgment for said sum and an injunction restraining defendants from further interference with its business, its property, or its employés. The defendants entered their appearance and filed answers denying all charges contained in plaintiff's petition and moved to dissolve the temporary injunction granted thereon. On the consideration of this motion, by agreement of parties, the case was tried on its merits and resulted in a judgment in plaintiff's favor for $2,000 and a permanent injunction against the defendants; from this decree defendants duly appealed. On the argument of the case in this court the question of its jurisdiction arose and respondent took leave and filed a brief on that point.

Mytton & Parkinson, of St. Joseph, for appellants. Brown & Dolman, of St. Joseph, for respondent.

BOND, J. (after stating the facts as above).

1. The jurisdiction of this appeal is pivoted on the amount in dispute. Under the present statute, when that does not "exceed $7,500, exclusive of costs," the appeal must be taken to the proper court of appeals. R. S. 1909, § 3937. This is conceded by the learned counsel for the respondent, who insists that the value of the injunctive relief must be considered; that when this is added to the amount of the judgment the aggregate sum exceeds the amount fixed by the statute as the measure of the jurisdiction of the Kansas City Court of Appeals, to which otherwise this appeal should have been taken. There is nothing in this record which affords any legal basis for estimating the value of the injunction as distinct from the amount of damages awarded on the trial, for plaintiff's petition does not set any value on the injunction sought other than the allegation therein that it has been damaged in the sum of $10,000 and was still being injured. The court, however, found that the plaintiff was only damaged to the amount of $2,000, and the plaintiff accepted that ascertainment of its loss and took no appeal from the judgment to that effect. Had the plaintiff appealed, then the amount in dispute would have been the difference...