Dufras v. Washington

Decided October 15, 1849

Supreme Court of Missouri · decided 1849-10-15

LOUIS CIRCUIT COURT, Has then the law commissioner jurisdiction of an action of trespass for false Imprisonment 1 We contend that he has not, and refer the court to the act entitled “an act supplementary to an act entitled “ an act respecting the law commissioner,’’ approved February 4th 1847.’’ Seesesstoii acts ’46, ’47 p. 91.

Cited by 1 later decisions — most recently May 1890

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1849-10-15

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Judge Birch

¶1delivered the opinion of the court.

¶2This suit was originally instituted before “ the law comniissioner of St. Louis county, ” where Washington, the plaintiff below, had a judgment, as he had subsequently an appeal to the circuit court.

¶3Upon examining the record, the declaration is perceived to be, in "substance and in form, for trespass, false imprisonment—and the law commissioner having no jurisdiction of such a Cáse, the judgment of the circuit court must needs he reversed, without reference to the timé ’the motion was made, or any other consideration.

¶4It is accordingly reversed.