Jesse French Piano & Organ Co. v. Walker

Missouri Court of Appeals

Jesse French Piano & Organ Co. v. Walker

76 Mo. App. 558, 1898 Mo. App. LEXIS 237

Missouri Court of Appeals·Decided November 7, 1898·Published

Opinion

Ellison, J.

This was an action in replevin to recover a piano valued at $150 and was begun in the circuit court of Boone county. Judgment was rendered for the plaintiff and afterward set aside and cause dismissed for want of jurisdiction.

It is stated that the court took the view that a justice of the peace had exclusive jurisdiction in replevin when the property was of the value here claimed. This was erroneous. The jurisdiction is concurrent with justices of the peace where the sum is more than $50 and less than $250, as is shown in Lang v. Calloway, 68 Mo. App. 393; Holt v. Collyer, 71 Mo. App. 280. See, also, Laws 1891, pp. 106, 107, 108 and 175. The judgment is reversed and cause remanded.

All concur.

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Ellison, J.

This was an action in replevin to recover a piano valued at $150 and was begun in the circuit court of Boone county. Judgment was rendered for the plaintiff and afterward set aside and cause dismissed for want of jurisdiction.

It is stated that the court took the view that a justice of the peace had exclusive jurisdiction in replevin when the property was of the value here claimed. This was erroneous. The jurisdiction is concurrent with justices of the peace where the sum is more than $50 and less than $250, as is shown in Lang v. Calloway, 68 Mo. App. 393; Holt v. Collyer, 71 Mo. App. 280. See, also, Laws 1891, pp. 106, 107, 108 and 175. The judgment is reversed and cause remanded.

All concur.

Jesse French Piano & Organ Co. v. Walker, 76 Mo. App. 558, 1898 Mo. App. LEXIS 237 (Mo. Ct. App. 1898).

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