Obernier v. Williams
| Decision Date | 07 December 1920 |
| Docket Number | No. 15938.,15938. |
| Citation | 226 S.W. 42 |
| Parties | OBERNIER v. WILLIAMS et al. |
| Court | Missouri Court of Appeals |
Appeal from St. Louis Circuit Court; Rhodes E. Cave, Judge.
"Not to be officially published."
Action by Maggie H. Obernier against Nellie Williams, brought before a justice of the peace and appealed to the circuit court. From a judgment for plaintiff against defendant and the sureties on her appeal bond, they appeal. Reversed and remanded.
Wm. A. Kinnerk, of St. Louis, for appellants.
Thos. O. Stokes, of St. Louis, for respondent.
This is an action instituted before a justice of the peace in the city of St. Louis, to recover rents alleged to be due, and possession of certain premises in said city. Plaintiff recovered in the justice court, and defendant appealed to the circuit court, where plaintiff again had judgment for $560, and the possession of the premises. The court also entered judgment against the sureties on the appeal bond in the sum of $225. After motions for new trial and in arrest of judgment were overruled defendants perfect their appeal to this court.
The statement filed before the justice avers that the premises are known as No. 4754 Ashland avenue, St. Louis, Mo., and that the justice has jurisdiction in the district in which the premises are located. The record discloses that no evidence was offered in support of this allegation in the statement filed in the case. There was no proof made that the premises were within the jurisdiction of the justice. This is a jurisdictional fact, and must not only be alleged in the statement, but must be proved as well, and no proof having been made of this fact, the court was without jurisdiction to render the judgment it did. This court so held in Bonner-Miller Mfg. Co. v. Silverman, 196 S. W. 376, following our Supreme Court in Backenstoe v. Wabash, St. Louis & Pacific Railway Co., 86 Mo. 492.
The point is also made by appellants that the court had no right or authority to enter a judgment for more than $225 against the sureties on the bond, to be satisfied as to both upon the payment of that amount. Respondent has not favored us with any brief in this court. The obligation in the appeal bond provides:
"We, the undersigned, Nellie Williams, as principal, and William A. Kinnerk and Chester C. Ralph, acknowledge ourselves indebted to Maggie H. Obernier in the sum of $225, to be void on this condition."
The remainder of the appeal bond was then in the language usually...
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Wolfersberger v. Hoppenjon, 29724.
...139 S.W. 384. (b) The judgment of Justice Pollock was void on its face. Bonner Mfg. Co. v. Silverman, 196 S.W. 378; Obernier v. Williams, 226 S.W. 42: Peters v. Simpson, 241 S.W. 463; State ex rel. Harris v. Galloway 24 S.W. (2d) 711. (e) Judge Pollock was wholly without jurisdiction of the......
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Wolfersberger v. Hoppenjon
...... O'Brien, 149 Mo. 390; Siemens v. Schrader, . 88 Mo. 23; Bailey v. Winn, 101 Mo. 656; Hunter. v. Henan, 181 S.W. 397; Williams v. Treece, 184. Mo.App. 140; Adams v. Gilcrest, 63 Mo.App. 645;. State ex rel. v. Dickman, 146 Mo.App. 410; Dale. v. Parker, 143 Mo.App. ...470, 139 S.W. 384. (b) The. judgment of Justice Pollock was void on its face. Bonner. Mfg. Co. v. Silverman, 196 S.W. 378; Obernier v. Williams, 226 S.W. 42; Peters v. Simpson, 241. S.W. 463; State ex rel. Harris v. Galloway, 24. S.W.2d 711. (c) Judge Pollock was wholly ......
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Young Women's Christian Ass'n v. Lapresto
...St. Louis & Pacific Ry. Co., 86 Mo. 492, and the case of Bonner-Miller Mfg. Co. v. Silverman, supra, and the case of Obernier v. Williams, Mo. App., 226 S.W. 42, in each of which cases it was alleged in the complaint that the property involved was in the district of the justice; therefore, ......
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McIlvain v. Kavorinos
...Mfg. Co. v. Silverman, Mo.App., 196 S.W. 376; Young Women's Christian Ass'n. v. LaPresto, Mo.App., 169 S.W.2d 78; Obernier v. Williams et al., Mo.App., 226 S.W. 42; Peters v. Simpson, Mo.App., 241 S.W. 463. See State ex rel. Brown v. Bird, 228 Mo.App. 800, 73 S.W.2d 821, and Davis v. Gerson......