Langham v. Boggs

• Decision Date: 30 November 1824
• Citation: 1 Mo. 476
• Parties: LANGHAM & GENTRY v. BOGGS.
• Court: Missouri Supreme Court

1 Mo. 476

LANGHAM & GENTRY

v.BOGGS.

Supreme Court of Missouri.

November Term, 1824.

ERROR FROM THE CIRCUIT COURT OF ST. LOUIS COUNTY.

PETTIBONE, J.

This was an action of debt for $165, upon several promissory notes, no one of which amounted to $90. The notes were counted upon separately, and the declaration concluded to the damage of the plaintiffs of one hundred dollars. There was a general demurrer to the declaration, which was sustained by the court below, and judgment given for the defendant. In support of the demurrer, it is contended that the Circuit Court had no jurisdiction, as each count (which must be considered as a separate declaration) claimed less than $90. Without deciding the question, whether the want of jurisdiction in the court can be taken advantage of, on demurrer, we do not have any difficulty in deciding that the Circuit Court had jurisdiction. The law encourages a consolidation of actions, in all cases where they can be joined according to the rules of pleading. It is not contended here that there is any misjoinder of action; but that a party has no right to consolidate several causes of action, which severally would be within the jurisdiction of a justice of the peace, for the purpose of changing the jurisdiction to the Circuit Court It is the debt demanded which settles the question of jurisdiction; the debt demanded has relation to all the counts in the declaration. If, on the trial, it is found that plaintiff's demand does not exceed the sum of $90, his writ is abated Gey. Dig. 396.^(a) But prior to the verdict, the sum demanded is the only criterion to determine the jurisdiction. The judgment of the court below must be reversed with costs. And this court, proceeding to give such judgment as the court below ought to have given, do direct that judgment be entered for the plaintiffs, for such sum as appears to be due by the declaration.

(a). See Gen. St. of 1865, 708, § § 433 and 33; Barnes v Holland, 3 Mo. R, 47; Martin v Chauvin, 7 Mo. R. 277; Mass v. Brown, 7 Mo. R. 305; Sykes v The Planter's House, 17 Mo. R. 477.