Filtsch v. Strong

• Decision Date: 07 June 1932
• Docket Number: 20968.
• Citation: Filtsch v. Strong, 13 P.2d 163, 1932 OK 446, 158 Okla. 303 (Okla. 1932)
• Parties: FILTSCH v. STRONG.
• Court: Oklahoma Supreme Court

13 P.2d 163

158 Okla. 303, 1932 OK 446

FILTSCH v. STRONG.

No. 20968.

Supreme Court of Oklahoma

June 7, 1932

Rehearing Denied July 27, 1932.

Syllabus by the Court.

Where separate causes of action are united in different counts in one bill of particulars before a justice of the peace, and the aggregate amount claimed exceeds $200, the justice of the peace is without jurisdiction, even though the amount in each separate cause of action is within the jurisdictional limit.

Appeal from District Court, Osage County; Jesse J. Worten, Judge.

Action by Fannie Filtsch against Charley Strong.From a judgment of the district court, on appeal from the justice court dismissing the action, the plaintiff appeals.

Affirmed.

KORNEGAY J., dissenting.

Emery A. Foster, of Chandler, for plaintiff in error.

H. M Curnutt, of Barnsdall, for defendant in error.

HEFNER J.

This is an action originally brought in the justice of the peace court in the town of Barnsdall, Osage county, Okl., on four separate and distinct causes of action; the first three were on promissory notes of $100 each, and the fourth on open account for the sum of $64.70.Plaintiff prayed for judgment on each separate cause of action, or in the aggregate of $364.70.The justice court held that it had no jurisdiction for the reason that the amount exceeded $200, and rendered judgment dismissing plaintiff's causes of action.Plaintiff appealed to the district court of that county which court likewise held that the justice court was without jurisdiction, and rendered judgment in favor of defendant.

Plaintiff has appealed and asserts that the judgment is contrary to law.It is her contention that each cause of action pleaded by her constitutes a separate cause of action and that, notwithstanding the aggregate claimed by her exceeds the jurisdictional limit of the justice court, it was not thereby ousted of its jurisdiction.

We do not agree with this contention.Under express provision of the statute, the jurisdiction of justices of the peace is limited to $200.While plaintiff declares on several separate and distinct causes of action, she seeks judgment in the aggregate for a sum in excess of $200.The justice of the peace was therefore without jurisdiction.

In the case of Gaddis v. Williams,81 Okl. 289, 198 P. 483 in paragraph 3 of the syllabus, the following rule is announced: "Where two separate actions are brought by the same plaint...