Harrison v. Harrison

• Decision Date: 11 April 1960
• Docket Number: No. 47827,No. 1,47827,1
• Citation: 334 S.W.2d 127
• Parties: Edith E. HARRISON, Plaintiff-Respondent, v. Louise E. HARRISON, Interpleader-Appellant, John E. Harrison, Defendant, 3738 Corporation, a corporation, and William C. Ferguson Company, a corporation, Garnishees
• Court: Missouri Supreme Court

Page 127

334 S.W.2d 127

Edith E. HARRISON, Plaintiff-Respondent, v. Louise E. HARRISON, Interpleader-Appellant, John E. Harrison, Defendant,

3738 Corporation, a corporation, and William C. Ferguson

Company, a corporation, Garnishees.

No. 47827.

Supreme Court of Missouri, Division No. 1.

April 11, 1960.

Robert C. Brinkman, St. Louis, for respondent.

Sherman Landau, St. Louis, for appellant.

PER CURIAM.

This case must be transferred to the St. Louis Court of Appeals because the amount in dispute does not exceed $750.00 (Sec. 3, Art. V, Const., V.A.M.S.) no other ground for our jurisdiction being claimed. On June 2, 1959, the trial court entered judgment finding the amount due plaintiff to be $7421.25 on April 4, 1959, and provided for payment of interest to her from that date at the rate of 6% per annum. Because all after-trial motions were not disposed of until July 29, 1959, notice of appeal was not filed until that date.

Interpleader-Appellant considers this court has jurisdiction on the theory that, with interest from April 4, 1959, to July 29, 1959, the total amount of the judgment and interest exceeded $7500.00 on that date, relying on cases which have said jurisdiction must appear at the time the appeal is taken, citing Stuart v. Stuart, 320 Mo. 486, 8 S.W.2d 613; Shroyer v. Missouri Livestock Commission Co., 332 Mo. 1219, 61 S.W.2d 713, 716; Platies v. Theodorow Bakery Co., 334 Mo. 508, 66 S.W.2d 147, 148; Trokey v. United States Cartridge Co., Mo.Sup., 214 S.W.2d 526, 528; Blair v. Hamilton, Mo.Sup., 292 S.W.2d 578, 580. However, none of those cases involved calculating interest beyond the date of the judgment appealed from and they are authority for the proposition that contingent installments accruing later cannot be considered in determining the amount in dispute for purposes of jurisdiction.

It has long been established that to give this court jurisdiction, when interest is considered in determining the jurisdictional amount, the principal of a debt recovered together with interest accrued to the date of judgment must exceed $7500.00; and that interest accruing after judgment cannot be considered. Baerveldt Const. Co. v. Bagley, 231 Mo. 157, 132 S.W. 688; Keleher v. Johnson, 272 Mo. 699, 199 S.W. 935; State ex rel. Commonwealth Trust Co. v. Reynolds, 278 Mo. 695, 213 S.W. 804; Huttig v. Brennan, 328 Mo. 471, 41 S.W.2d 1054, 1061; Newco Land Co. v. Martin, 358 Mo. 99, 213 S.W.2d 504; Cross v. Gimlin, Mo.Sup., 256 S.W.2d 812; Laustrup...