Kraft's v. Hurtz & Jungk
Supreme Court of Missouri
APPEAL from St. Louis Circuit Court. 1. That the court below erred in permitting the record and proceedings of the magistrate to be amended. No cause was shown why such amendment should be permitted.
Read the full summary
APPEAL from St. Louis Circuit Court. 1. That the court below erred in permitting the record and proceedings of the magistrate to be amended. No cause was shown why such amendment should be permitted. There was nothing before the court to show that the interlineations made by the magistrate were conformable to the record, process and proceedings before him; on the contrary, the interlineations, changes, and additions, were made by him upon original papers, the bill of items and the summons. By these, so called amendments, the magistrate 'falsified the record. The constable did not serve that…
1Opinion of the CourtMcBride, J.
This was an action on an open account for work and labor done, originally brought before a justice of the peace for St. Louis county, where the plaintiff Jungk obtained judgment; an appeal was taken to the Circuit *110Court, when upon a trial denovo in that court the plaintiff again recovered judgment. The defendant moved for a new trial, assigning the usual reasons, which being overruled, he excepted to the opinion of the court, and appealed to this Court.
It appears from the bill of exceptions that the account filed before the justice was in the name of “Henry Kraft to Augustus Jungk, Dr.” That…
2Cited by2 opinions
- House v. DuncanSupreme Court of Missouri · 1872
- Hackett v. Van FrankMissouri Court of Appeals · 1906