Courtney v. Sheehy
Missouri Court of Appeals
Appeal from, the St. -Louis City Circuit Ccurt. — Hon. Jacob Klein, Judge. • On appeals from justices of the peace, all defects, errors or other imperfections of the justice must be disregarded. Caldwell v. Pea, 54 Mo. - 55; Pohrbough v. Peed, 57 Mo. 292. Even to the amending of the-summons.
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Appeal from, the St. -Louis City Circuit Ccurt. — Hon. Jacob Klein, Judge. • On appeals from justices of the peace, all defects, errors or other imperfections of the justice must be disregarded. Caldwell v. Pea, 54 Mo. - 55; Pohrbough v. Peed, 57 Mo. 292. Even to the amending of the-summons. Grant v. Railroad, 79 Mo. 502; Boulware v. Railroad, 79 Mo. 494; Beattie v. Hill, 60 Mo. 72. “An amendment, by striking out the name of a co-plaintiff, does not change the original cause of action, and is permissible under Revised Statutes, section 3060.” Davis v. Ritchie, 85 Mo. 501; Ward v. Paie, 50 Mo.…
1Opinion of the CourtRombaitee, P. J.
The plaintiff filed a verified lien account, for the keep of a horse, with a justice of the peace. The account purported on its face to be in favor of the Eclipse Boarding and Livery Stable (M. Courtney), John Courtney, manager, and it does not appear that the justice had any' other information as to the owner of the account. Summons was thereupon issued wherein John Courtney was named as sole plaintiff, and such proceedings were had, that judgment of lien was rendered in favor of John Courtney, and a special *292execution was issued in Ms favor. In the transcript of the justice throughout, John…
2Cases cited1 opinion
- Lavelle v. StifelMissouri Court of Appeals · 1889
3Cited by6 opinions
- Hackett v. Van FrankMissouri Court of Appeals · 1906
- School District v. WallaceMissouri Court of Appeals · 1898
- Turner v. NobleMissouri Court of Appeals · 1923
- Altheimer v. TeuscherMissouri Court of Appeals · 1891
- Meyer v. Oregon Interurban Railway Co.Missouri Court of Appeals · 1925
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