Ellsworth v. Wilhelm
| Decision Date | 12 June 1916 |
| Docket Number | No. 12035.,12035. |
| Parties | ELLSWORTH v. WILHELM. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Jackson County; C. A. Burney, Judge.
"Not to be officially published."
Action by George M. Ellsworth against H. E. Wilhelm. From a judgment for plaintiff, defendant appeals. Judgment reversed.
A. B. Reid, of Kansas City, for appellant. H. E. Colvin, of Kansas City, for respondent.
This action is unlawful detainer brought before John H. Pollock, a justice of the peace for Kaw township, Jackson county. Judgment was rendered for plaintiff by the justice and again in the circuit court on appeal.
It appears that the property was in Kansas City, but it does not appear anywhere in the record that it was situated in Kaw township, and for that reason the justice had no jurisdiction, and, of course, the circuit court could have none on appeal.
It is fundamental that, justices of the peace being courts of inferior jurisdiction, all jurisdictional requisites must affirmatively appear somewhere upon the face of the record. State v. Metzger, 26 Mo. 65; McQuoid v. Lamb, 19 Mo. App. 153. Plaintiff concedes this proposition, but insists that under the statute of forcible entry and of unlawful detainer (section 7660, art. 2, c. 66, R. S. 1909) it is not necessary that it appear that the property is in the township of the justice. That is true, so far as appears in that statute.
But article 8, c. 6, of the statute provides for justices of the peace and their jurisdiction in townships of 100,000 and less than 300,000; and that article was repealed and an article enacted in its stead by Laws 1913, p. 394. Section 2 of this latter statute makes it applicable to townships having 200,000 and less than 400,000 population. Section 3 of that act is as follows:
"Every such justice of the peace shall have original jurisdiction coextensive with the county in which he shall be elected, except in landlord and tenant cases, and in cases of forcible entry and detainer and of unlawful detainer, which shall be brought before a justice of the peace in the township where the property to be affected is situated."
And section 23 of the act is a repealing section reading as follows:
"All laws now applicable to justices of the peace and all acts and parts of acts in conflict with the provisions of this article are hereby repealed."
Kaw township contains between 200,000 and 400,000 population, and section 3 clearly prescribes the...
To continue reading
Request your trial
-
Wolfersberger v. Hoppenjon
...146 Mo.App. 410; Dale v. Parker, 143 Mo.App. 98; Robinson v. Mining Co., 55 Mo.App. 667; Laughlin v. Wells, 183 S.W. 993; Ellsworth v. Wilhan, 186 S.W. 1128; State rel. v. Joyce, 269 S.W. 623; State ex rel. v. Pollock, 310 Mo. 620; Bridge & Transit Co. v. Blaser, 318 Mo. 373; Reger v. Reger......
-
Scheerer v. Waltner
... ... townships of 200,000 to 400,000 population and apply to Kaw ... township, Jackson county. [Ellsworth v. Wilhelm, 186 ... S.W. 1128.] It has been held the right to a change of venue ... is purely statutory and has no existence outside of a special ... ...
-
Scheerer v. Waltner et al.
...outline the procedure before justices in townships of 200,000 to 400,000 population and apply to Kaw township, Jackson county. [Ellsworth v. Wilhelm, 186 S.W. 1128.] It has been held the right to a change of venue is purely statutory and has no existence outside of a special grant of power.......
-
Travalant v. Kelley-Reppert Motor Co.
...derived from the justice court, and, since that court had no jurisdiction, there was none lodged in the circuit court. Ellsworth v. Wilhelm (Mo. App.) 186 S. W. 1128; Sidwell v. Jett, 213 Mo. 601, 112 S. W. 56. The justice being without jurisdiction, the parties could not confer jurisdictio......