Potashnick Truck Service v. City of Sikeston

• Decision Date: 26 December 1941
• Docket Number: No. 6277.,6277.
• Citation: 157 S.W.2d 808
• Parties: POTASHNICK TRUCK SERVICE, Inc., v. CITY OF SIKESTON et al.
• Court: Missouri Court of Appeals

157 S.W.2d 808

POTASHNICK TRUCK SERVICE, Inc., v. CITY OF SIKESTON et al.

No. 6277.

Springfield Court of Appeals. Missouri.

December 26, 1941.

Appeal from Circuit Court, Scott County; Frank Kelley, Judge.

"Not to be published in State Reports."

Action by the Potashnick Truck Service, Incorporated, against City of Sikeston, Missouri, and others, for an injunction. From a judgment dissolving the temporary injunction theretofore granted, the plaintiff appeals.

Transferred to the Supreme Court.

Bailey & Bailey, of Sikeston, for appellant.

Robert A. Dempster, of Sikeston, for respondents.

BLAIR, Presiding Judge.

This is an appeal by plaintiff in an injunction suit, where the final order or judgment of the trial court was the dissolution of the temporary injunction theretofore granted. The suit was against the city of Sikeston, its mayor and the chief of police.

We think that the amount of money involved is in excess of our monetary appellate jurisdiction and therefore feel that the case should be transferred to the Supreme Court of Missouri for appellate review.

The question of our appellate jurisdiction has not been raised; but such question must be determined by us whether raised or not. It is our duty to transfer the case, when we feel that we have no appellate jurisdiction, even if such jurisdiction has not been challenged. It is not necessary to cite authority, as this proposition is well settled.

The sole question bearing upon appellate jurisdiction is whether or not the amount involved is in excess of $7,500, exclusive of interest and costs. Appellant and respondent have filed abstracts and briefs in the case and from appellant's abstract appears the following from the undisputed testimony of plaintiff, to-wit:

"Ralph Potashnick, being duly sworn by the clerk, testified on behalf of the plaintiff as follows:

"Direct Examination by Mr. Bailey.

"My name is Ralph Potashnick. I live at Sikeston, Missouri. I am an officer of Potashnick Truck Service, Incorporated, the plaintiff. I spend most of my time at the dock in Sikeston. It is very necessary in the operation of that business to have the stock pen in question immediately adjacent to it. We have approximately eight thousand dollars invested at our terminal near the intersection. If it is necessary to move it, it would be difficult to state the exact amount it would cost to move; our business is a peculiar type, requiring specialized facilities; at this time, if we are forced to abandon the present location, I think it would be worth around twenty-five thousand dollars."

This is the only testimony in the record of the loss to...