Schroer v. Brooks

• Decision Date: 16 February 1918
• Docket Number: No. 18923.,18923.
• Citation: 200 S.W. 1068
• Parties: SCHROER v. BROOKS.
• Court: Missouri Supreme Court

200 S.W. 1068

SCHROER v. BROOKS.

No. 18923.

Supreme Court of Missouri, Division No. 2.

February 16, 1918.

Appeal from Circuit Court, Lincoln County; Edgar B. Woolfolk, Judge.

Action by Herman Schroer against A. R. Brooks. From a judgment of the circuit court, on certificate from a justice court, in favor of the plaintiff, the defendant appeals. Cause transferred to the St. Louis Court of Appeals.

R. M. Nichols, of St. Louis, for appellant. Creech, Penn & Palmer, of Troy, for respondent.

FARIS, J.

This is an action for damages for trespass upon real estate, begun originally before a justice of the peace of Lincoln county. Defendant appeared therein and filed an affidavit averring that the title to real estate was involved. Whereupon the case was by the justice of the peace ordered to be certified up to the circuit court of Lincoln county, which was accordingly done. The statement of the cause of action was conventional, and no written answer was filed.

Upon a trial in the circuit court, the following judgment was rendered:

"Now, at this day, come the parties herein by their respective attorneys, and the court, being now fully advised of and concerning the matters and things pertaining to this case, heretofore submitted to the court and taken under advisement, doth find in favor of the plaintiff, and assess his damages at the sum of one dollar. It is ordered, adjudged and decreed by the court that the plaintiff do have and recover of the defendant the said sum of one dollar for his damages assessed, as aforesaid, and also his costs and damages in this behalf incurred, and that execution issue therefor."

From the above judgment defendant, after the usual motions, appealed to this court.

Upon the threshold we are confronted with the question of our jurisdiction to hear and determine this case. Jurisdiction is said to be in us because, as it is alleged, the title to real estate is involved herein, within the the purview of the Constitution. Section 12, art. 6, Const. of Mo. This is the sole alleged basis of our jurisdiction, and we are constrained to rule that it is not tenable. For it is not sufficient to confer jurisdiction on us that the title to real estate may be collaterally or incidentally involved, or that the appellate tribunal may be compelled to consider it in order to reach a decision of the questions actually up for judgment. Heman v. Wade, 141 Mo. 598, 43 S. W. 162; Price v. Blankenship, 144 Mo. loc. cit. 208, 45 S. W. 1123; Fischer v. Johnson, 139 Mo. 433, 41 S. W. 203; Rothrock v. Lumber Co., 146 Mo. 57, 47 S. W. 907; Cox v. Barker, 150 Mo. 424, 51 S. W. 1051; McKinney v. Lumber Co., 192 Mo. 32, 90 S. W. 726; Snodgrass v. Copple, 203 Mo. 480, 101 S. W. 1090; Stark v. Martin, 204 Mo. 433, 102 S. W. 1089; Jones v. Hogan, 211 Mo. 45, 109 S. W. 641; Kennedy v. Duncan, 224 Mo. 661, 123 S. W. 856; Vandeventer v. Bank, 232 Mo. 618, 135 S. W. 23; State ex rel. v. Goodrich, 238 Mo. 720, 142 S. W. 300; Turner v. Morris, 222 Mo. 21, 121 S. W. 9; Coleman v. Lucksinger, 224 Mo. 1, 123 S. W. 441, 26 L. R. A. (N. S.) 934; Brannock v. Magoon, 216 Mo. 722, 116 S. W. 500; Loewenstein v. Insurance Co., 227 Mo. 100, 127 S. W. 72; Weston v. Fisher, 264 Mo. 257, 174 S. W. 372; Marshall v. Reddick, 177 S. W. 381. In the case of Price v. Blankenship, supra, at page 208 of 144 Mo., at page 1124 of 45 S. W., it was said:

"It is now firmly settled that to give this court jurisdiction under ...