262 Mo. 645 | Mo. | 1914
OPINION.
I.
(After stating the facts as above).— After a careful consideration of the record and briefs and hearing the oral argument in this case, we have reached the conclusion that no jurisdiction of this appeal was vested in us by the order of the St. Louis Court of Appeals transferring this cause upon the assumption that it involved ‘ ‘ an amount in dispute ’ ’ beyond the jurisdiction of that court. At that time the pecuniary limit of the jurisdiction of that court was
We think it clear, however, that neither of the appeals taken in this cause presented any question of amount which debarred the St. Louis Court of Appeals from taking cognizance of them when said appeals were duly lodged therein.
First: The appeal from an adverse ruling of the injunctive “prong” of this case which the Merchants Exchange took to the St. Louis Court of Appeals, clearly did not present any amount in dispute whatever, for the petition did not show any “legal basis for estimating the value of the injunction.” In such cases we have recently ruled after review of the authorities that an appeal must be taken to the' proper Court of Appeals. [Foundry & Mfg. Co. v. Moulders’ Union, 251 Mo. 448.]
Second: As to so much of plaintiff’s petition as prayed for an accounting against the individual defendants, and for a cancellation of the selling contracts executed to them, by plaintiff, there is nothing in the petition or in the record which discloses that plaintiff sought to recover any definite sum whatever. The pe
In the case at bar, the only dispute can be as to whether or not the plaintiff is entitled to a return of a greater part of the amount advanced by him as margins (about $20,000) than was voluntarily repaid to him. He has furnished us no estimate or allegation .of what additional sum he thinks should be returned, nor is there in the record any basis for a necessary deduction that a larger amount than $7500 is claimed or would be awarded to the plaintiff on an accounting in this cause.
For the foregoing reasons, it is apparent that no jurisdiction was vested in this court by the act of the
The ease is, therefore, re-transferred to the St. Louis Court of Appeals. It is so ordered.