Anthony v. Smithson

The opinion of the court was delivered by

Burch, J.:

In this case the plaintiff brought suit in the city court of Atchison to recover an amount due for boring three wells upon the defendant’s farm. *133His bill of particulars prayed judgment for a sum within the jurisdiction of the court. After' a judgment in favor of the plaintiff the defendant appealed to the district court. The plaintiff then amended his bill of particulars by presenting in one count a claim based upon contract for a sum still within the jurisdiction of the city court, and in another count a claim for a sum beyond the…