Union Brewing Co. v. Ehlhardt
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Geo. H. Shields, Judge. The court erred in refusing plaintiff leave to file amended statement of its cause of action and sustaining defendants’ motion to dismiss.
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Appeal from the St. Louis City Circuit Court. — Hon. Geo. H. Shields, Judge. The court erred in refusing plaintiff leave to file amended statement of its cause of action and sustaining defendants’ motion to dismiss. The statute expressly provides that “the bill of items or account sued on may be amended on appeal to supply any deficiency or omission therein . . . provided no new item or cause of action not embraced or intended to be included in the original account or statement shall be added.” R. S. 1899, sec. 4079; Hernán v. Fanning, 33 Mo. App. 50; Keene v. Sappington, 115 Mo. App. 33;…
1Opinion of the Court
NORTONI, J. —
This is a suit on account. It originated before a justice of the peace and found its way *132into the circuit court. In that court, the defendant filed a motion by which he challenged the sufficiency of the statement of account sued upon, and moved the court to dismiss the action on that ground.. The court sustained this motion, whereupon plaintiff asked leave to file an amended statement of account and tendered a sufficient statement to that end. The court denied plaintiff’s request and dismissed the suit on the theory that the original statement of account filed before the justice…
2Cases cited31 opinions
- Barber Asphalt Paving Co. v. UllmanSupreme Court of Missouri · 1897
- Austin v. LoringSupreme Court of Missouri · 1876
- Dowdy v. WambleSupreme Court of Missouri · 1892
- Brashears v. StrockSupreme Court of Missouri · 1870
- Nichols v. StevensSupreme Court of Missouri · 1894
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3Cited by11 opinions
- Wisconsin Face & Fire Brick Co. v. Southern Surety Co.Wisconsin Supreme Court · 1925
- Hartford Mining Co. v. Home Lumber & Coal Co.Nevada Supreme Court · 1940
- Wallace v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1913
- Robinson v. RobinsonMissouri Court of Appeals · 1913
- Rees v. Peck-King Mortgage Co.Missouri Court of Appeals · 1921
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