Stamps v. Bridwell
| Citation | 57 Mo. 22 |
| Parties | WILLIAM S. STAMPS, Appellant, v. RICHARD F. BRIDWELL, et al., Respondents. |
| Decision Date | 31 March 1874 |
| Court | Missouri Supreme Court |
Appeal from St. Louis Circuit Court.
Jno. M. Fulton, for Appellant.
Marshall & Barclay and T. G. Allen, for Respondents.
The only question in this case is whether the Circuit Court of St. Louis county had jurisdiction to enforce a mechanic's lien for the sum of $41.60.
The act of March 30, 1872, provides that “in all counties having one hundred thousand permanent inhabitants, justices of the peace shall have jurisdiction in all actions brought to enforce mechanics' liens, as provided by Chap. 195 of the General Statutes of Missouri, when the amount or balance claimed to be due does not exceed ninety dollars, and any person entitled to such lien may hereafter, after having complied with the provisions of said Chap. 195, and after having filed his account and statement as provided by section 5 of said chapter, institute his action therefor as above provided.”
The other provisions of this act have no particular bearing on the question of jurisdiction and need not be cited.
The constitution provides that “the Circuit Court shall have jurisdiction over all criminal cases which shall not be otherwise provided for by law, and exclusive original jurisdiction in all civil cases, which shall not be cognizable before justices of the peace, until otherwise directed by the General Assembly.”
The legislature declares in regard to Circuit Courts, that they shall have power and jurisdiction as follows:
“First, as courts of law in all criminal cases which shall not be otherwise provided for.”
“Second, exclusive original jurisdiction in all civil cases which shall not be cognizable before the county courts and justices of the peace, and not otherwise provided for by law.”
“Third, concurrent original jurisdiction with justices of the peace in all actions founded on contract, when the debtor balance due, or damages claimed, exclusive of interest, shall exceed fifty dollars and not exceed ninety dollars; in all actions on bonds and notes for the payment of any sum of money exceeding fifty dollars exclusive of interest and not exceeding one hundred and fifty dollars; and in all actions for injuries to person or personal or real property wherein the damages claimed shall exceed twenty and not exceed fifty dollars.”
These provisions of the constitution and statutes show that the Circuit Courts have no...
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Hockaday v. Jones
...void for want of jurisdiction of the person. (Bixby v. Bailey, 11 Kan. 359; Insurance Co. v. Robbins, [Neb.] 73 N.W. 269; Stamps v. Bridwell, 57 Mo. 22; Brown v. Woody, 64 Mo. 547; Freem. Judgm. [4th Ed.] sec. 117; 1 Black. Judgm. sec. 218; 12 Enc. Pl. & Prac. p 179, and cases cited.) ¶4 Mr......
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Hockaday v. Jones
...judgment void for want of jurisdiction of the person. Bixby v. Bailey, 11 Kan. 359; Insurance Co. v. Robbins (Neb.) 73 N.W. 269; Stamps v. Bridwell, 57 Mo. 22; Brown Woody, 64 Mo. 547; Freem. Judgm. (4th Ed.) § 117; 1 Black, Judgm. § 218; 12 Enc. Pl. & Prac. p. 179, and cases cited. Mr. Bla......
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Meier v. Thieman
... ... the circuit court. Jefferson County v. Bowens, 54 ... Mo. 234; Pierce v. Calhoun, 59 Mo. 271; Stamps ... v. Bridwell, 57 Mo. 22. (2) The circuit court could only ... acquire jurisdiction of a suit under the landlord and tenant ... act by appeal ... ...
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State ex rel. Beach v. Lobsinger
...under such regulations as may be prescribed, and as no act under this provision has been passed, there is a casus omissus.-- Stamps v. Bridwell, 57 Mo. 22; Ex parte Donaldson, 44 Mo. 149. The right to count and compare the ballots is to be given only in “contested election” cases, not in ca......