Little v. Sellick
Little v. Sellick
Opinion of the Court
delivered the opinion of the court.
This was originally an action of forcible entry and detainer, brought by Little against Sellick and others, in the Law Commissioner’s Court.
The plaintiff had judgment and the defendant appealed to the Circuit Court. The plaintiff, the appellee, entered his appearance to the appeal in the Circuit Court, and moved the court to dismiss the appeal for want of jurisdiction; and also, that if the court had jurisdiction, the case was not properly
' The Circuit Court overruled this motion. The appellants objected to the case being taken up for trial at the first term, alleging that they had given the plaintiff, the appellee, no notice of the appeal. This objection was overruled; the appel-lee had already entered his appearance. The defendants then moved, that if the court would take up the cause at the present term, a jury should be impannelled to try the case anew. This motion was also overruled. The appellee then moved the Circuit Court that the judgment of the Law Commissioner’s Court be affirmed, which motion the court sustained. The appellants excepted and bring the case here by appeal.
This Commissioner’s Court has exclusive jurisdiction over all appeals in civil cases from justices of the peace, within the city and county of St. Louis, in like manner as the Circuit Courts in this State had in other counties, except as in the aforesaid act is otherwise provided.
Cases, then, originally before the Law Commissioner, or brought to his court, by appeal from justices of the peace, may, by appeal or writ of error, be brought to the Supreme Court, but not to the Circuit Court.
Permit the parties to appeal to the Circuit Court from the
The other Judges concurring, the judgment of the Circuit Court is reversed and the cause remanded, with directions to set aside the judgment of affirmance and to dismiss the appeal.
Reference
- Full Case Name
- Little v. Sellick and others
- Status
- Published