Public-domain · open source
OpenJurist

33 Mo. 403

Adams v. Blecker

Supreme Court of Missouri

Decided March 15, 1863

Supreme Court of Missouri · decided 1863-03-15

Louis Law Commissioner’s Court. I; The appeal was properly taken to the Law Commissioner’s Court instead of the Land Court, and the Law Commissioner’s Court erred in dismissing the appeal for want of jurisdiction, and this entirely independent of the act of February 18,1859. (Acts, 1859, p. 457, § 4.) II.

Cited by 3 later decisions — most recently February 1996

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1863-03-15

View the full empirical analysis of this case →

Dryden, Judge,

¶1delivered the opinion of the court.

¶2The plaintiff sued the defendant before a justice of the peace on an account for rent due. Judgment having been rendered by the justice against the defendant, he appealed to the Law Commissioner’s Court, where, on motion of the plaintiff, the appeal was dismissed because of the supposed want of jurisdiction of the last named court, and the defendant brings the case here by writ of error.

¶3*405The only question decided by the lower court, and therefore the only one for review in this, is the question of jurisdiction, and this turns upon whether an action for rent is an action “ relating to land, or any interest, claim or right therein.” (R. C. 1855, p. 1592, § 3.) If it is, then the Land Court was the forum having jurisdiction of the appeal, otherwise the appeal lay to the Law Commissioner’s. Court. Rent is an incorporeal hereditament issuing out of land, (2 Bl. Com, 41,) but is not land itself, nor any interest, claim or right therein. An action for a money rent is a purely personal action as contradistinguished from real and mixed actions, differing in nothing from an action for any other money demand arising out of contract.

¶4The lower court therefore erred in dismissing the appeal, and for this cause its judgment is reversed and the cause remanded.

The other judges concur.
/33/mo/403 · .json · Public domain