Smith v. City of Sedalia

• Decision Date: 15 March 1910
• Parties: SMITH v. CITY OF SEDALIA.
• Court: Missouri Supreme Court

128 S.W. 735

228 Mo. 505

SMITH v. CITY OF SEDALIA.

Supreme Court of Missouri, Division No. 2.

March 15, 1910.

1. COURTS (§ 231)—SUPREME COURT—JURISDICTION —APPEAL—AMOUNT INVOLVED.

Where the amount of the judgment was less than $4,500 when the appeal was taken and perfected, the Supreme Court has no jurisdiction thereof.

2. COURTS (§ 231)—SUPREME COURT—JURISDICTION —APPEAL—"POLITICAL SUBDIVISION OF THE STATE."

A city not being a "political subdivision of the state," within the meaning of Const. art. 6, § 12 (Ann. St. 1906, p. 218), and the amendment thereof adopted in November, 1884 (page 243), extending the jurisdiction of the St. Louis Court of Appeals and establishing the Kansas City Court of Appeals, that the city is a party to a suit for an injunction does not give the Supreme Court jurisdiction on appeal from the judgment in such suit.

Appeal from Circuit Court, Moniteau County; Wm. H. Martin, Judge.

Action by D. H. Smith against the City of Sedalia. From the judgment, both parties appeal. Appeal ordered certified to Kansas City Court of Appeals.

See, also, 182 Mo. 1, 81 S. W. 165.

J. W. Suddath and Montgomery & Montgomery, for plaintiff. Mark A. McGruder, C. C. Kelly, and W. M. Williams, for defendant.

GANTT, P. J.

In this cause the plaintiff brought his action against the city of Sedalia for damages for emptying its sewage on his farm north of the said city, to the amount of $10,000, for which he prayed judgment. In the second count plaintiff sought an injunction against the city to restrain the further maintenance of said nuisance. The defendant filed its answers to both counts, and the cause was sent by change of venue to the Moniteau circuit court. Plaintiff obtained a verdict and a judgment for $2,000 on the said first count in his petition, and the defendant obtained judgment denying an injunction on the second count. Both parties have appealed to this court, and the cause was argued at this term.

On the hearing no question was raised as to the jurisdiction of this court to determine these appeals; but an inspection of the record shows that there is no constitutional or federal question presented either in the pleadings or in the judgments of the court. While the plaintiff sues for $10,000 in his first count for damages, he recovered only $2,000, and the defendant appeals from judgment. It is obvious that the amount of the judgment in this case must determine the jurisdiction of an appeal, and, the amount being less than...