Mills v. Thomson
| Decision Date | 31 October 1875 |
| Parties | HENRY W. MILLS, INTERPLEADER, Defendant in Error, v. JAMES THOMSON, Plaintiff in Error. |
| Court | Missouri Supreme Court |
Error to Cooper Circuit Court.
Hayden & Tompkins, with Johnson, for Plaintiff in Error.
I. The verdict did not find on the issue of the case, but found $150 for horses and $25 for damages: the issue was, did the property belong to Mills? It should have been treated as a nullity.
II. The amount of property involved was beyond the jurisdiction of a justice of the peace, and the motion in arrest ought to have been sustained for want of jurisdiction. (Wagn. Stat., 807-8, §§ 2, 3; Butler vs. Ivie, 30 Mo., 478.)
John Cosgrove, for Defendant in Error.
I. The statute (Wagn. Stat., 92, § 52) gives a party the right to interplead. It does not say what kind of a verdict shall be returned, or what kind of a judgment shall be entered. And when the property has been sold and cannot be returned, the verdict should be for the value of the property attached, together with the damages sustained, and judgment should have been accordingly. And this court should render the proper judgment. (Dozier vs. Jasman, 30 Mo., 216; Russell vs. Defrance, 39 Mo., 506.)
II. The amount sued for (to-wit, $72.77) in the attachment suit, gave the justice jurisdiction. The issues raised by the interplea are merely incidental or collateral to the original suit, and if the justice had jurisdiction in the first instance he cannot be deprived of it, in consequence of the value of the property claimed by the interpleader. The statute limiting the jurisdiction of justices (Wagn. Stat., 807, § 2) has no application to garnishment proceedings. (Davis vs. Staples, 45 Mo., 567.) And the same principle is applicable to interpleas.
Thomson brought suit by attachment before a justice of the peace against Samuel and R. E. Maxwell, on a promissory note, for $150, on which note a balance of $72.77 was claimed. Under the writ issued in the cause, the constable attached a quantity of personal property. W. H. Mills filed an interplea for a portion of the property thus attached, and in the circuit court, where the cause was taken by appeal, was successful.
Inasmuch as the value of the property claimed by the interpleader exceeded the amount imposed by law as the statutory limit to recoveries of personal property in actions before justices of the peace, it is insisted that the justice had no jurisdiction in regard to the interplea. This view, however, is thought to be incorrect. That the justice had jurisdiction in the original suit, there can arise no doubt; and this interplea is but a collateral matter--an incident growing out of the principal action. Besides one and the same section of the...
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Ryan v. Growney
...will reverse the judgment although no bill of exceptions be filed. Ransom v. Cobb, 67 Mo. 375; Showles v. Freeman, 81 Mo. 540; Mills v. Thomson, 61 Mo. 415; Nordmanser Hitchcock, 40 Mo. 178; Railroad v. Mahoney, 42 Mo. 467; Sweet v. Maupin, 65 Mo. 65. The only excuse given by plaintiff for ......
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Hewson v. Tootle
...of personal property and then, upon issues framed to try that right, recover a money judgment against the attaching creditor. Mills v. Thompson, 61 Mo. 415. Comingo & Slover and W. J. Terrell for respondent. 1. Vogler requested Mrs. Hewson to take the stock to satisfy the debt due her, and ......
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Ryan v. Growney
...will reverse the judgment, although no bill of exceptions be filed. Ransom v. Cobb, 67 Mo. 375; Showles v. Freeman, 81 Mo. 540; Mills v. Thompson, 61 Mo. 415; Nordmanser v. Hitchcock, 40 Mo. 178; Railroad v. Mahoney, 42 Mo. 467; Sweet v. Maupin, 65 Mo. 65. The only excuse given by plaintiff......
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Scott-Force Hat Company v. Hombs
...regular and formal, and the only judgment the court could have rendered under the pleadings and issue submitted in the case. Mills v. Thompson, 61 Mo. 415; Hewson Tootle, 72 Mo. 632; Co. v. Rogers, 34 Mo.App. 126. (6) The instructions given respondent by the court are strictly accurate and ......