Best v. Best

• Decision Date: 31 July 1852
• Citation: 16 Mo. 530
• Parties: HENRY BEST, Appellant, v. JOHN BEST, Respondent.
• Court: Missouri Supreme Court

16 Mo. 530

HENRY BEST, Appellant,

v.JOHN BEST, Respondent.

Supreme Court of Missouri.

July Term, 1852.

1. A. commenced an action against B. before a justice of the peace, on an open account, amounting to more than ninety dollars. On the trial B. secretly asked the justice if he had jurisdiction, to which the justice replied that he had, as A. did not claim more than ninety dollars. B. then went into the trial, on which A.'s attorney expressly stated that he did not claim more than ninety dollars, and judgment was rendered for less than that sum. Held, the judgment and execution issued thereon are not void.

Appeal from Andrew Circuit Court.

SCOTT, Judge, delivered the opinion of the court.

This was an action of trespass, begun by Henry Best against John Best, for taking and selling his property under a void judgment and execution, as it was alleged. John Best, the defendant below, obtained a verdict.

It appears that a suit was begun in a justice's court by John Best against Henry Best, on an open account, which amounted to the sum of $106.87 1/2. On a trial, John Best obtained a judgment for $79.17, debt and costs. Some days afterwards this judgment was set aside by the justice, and a new trial ordered. On the second trial there was a judgment for John Best for $43.37 1/2 debt and for costs. The last judgment was taken by appeal to the Circuit Court, where it was set aside, and the justice directed to issue an execution on the first judgment rendered by him. Under this execution the property of Henry Best was taken and sold, which gave rise to this suit. On the trial in the justice's court Henry Best inquired, secretly, of the justice, if he had jurisdiction of the cause? He was answered that he had, as the plaintiff did not claim more than ninety dollars. He then entered into the trial, and the plaintiff's attorney expressly stated that he claimed no more than ninety dollars.

The court refused instructions asked by Henry Best, to the effect that the execution and judgment were no justification to the party defendant, and that, under the facts of the case, he was entitled to recover, but instructed the jury that the party was justified.

Justices' courts are not courts of record. The rules applicable to proceedings in courts of record have not been applied to them. If justices' proceedings were made to conform to a standard erected on principles governing courts, which are presumed to understand all the forms, and whose officers have made the law their...