Weese v. Brown
Missouri Court of Appeals
-Appeal from Polk Circuit Court, Hon. Ben. W Alton, Judge. Certified to Supreme Court upon claim of Philips, P. J., that the opinion is in conflict with the decisions of the Supreme Court. The case is stated in the opinion. I. The statement is not sufficient to constitute' a «cause of action. Brashears v. Shock, 4&~Ko. 227; Swartz v. Nicholson, 65 Mo. 508 ; Butts v. Phelps, 79 Mo. 302 ; Razor v. Railroad, 73 Mo. 471. II.
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-Appeal from Polk Circuit Court, Hon. Ben. W Alton, Judge. Certified to Supreme Court upon claim of Philips, P. J., that the opinion is in conflict with the decisions of the Supreme Court. The case is stated in the opinion. I. The statement is not sufficient to constitute' a «cause of action. Brashears v. Shock, 4&~Ko. 227; Swartz v. Nicholson, 65 Mo. 508 ; Butts v. Phelps, 79 Mo. 302 ; Razor v. Railroad, 73 Mo. 471. II. But if the statement should be adjudged sufficient, then there is an entire failure of proof. The statement says, “Amount of contract for digging well, $60.00.” The proof is…
1Opinion of the CourtHall, J.
This suit was begun before a justice of the peace. The statement filed, and on which the case was tried, is as follows:
“ 1884 Henry Brown, Dr.,
“ To Joseph Weese
“ To amount due on contract for digging well............'..................$60.00.”
The appellant complained that the statement failed to state a cause of action.
The case of Hill v. St. Louis Ore & Steel Co. (90 Mo. 104) originated in a justice’s court, the statement filed being as follows:
“St. Louis Ore & Steel Company, Dr.,
To John Hill, board bill against the following named parties, for the month of August,. 1882, to-wit.
Jeff…
Also in this document: Concurrence.
2Cases cited12 opinions
- Butts v. PhelpsSupreme Court of Missouri · 1883
- Allen v. McMonagleSupreme Court of Missouri · 1883
- Weil v. TylerSupreme Court of Missouri · 1866
- Coughlin v. LyonsSupreme Court of Missouri · 1857
- Hill v. St. Louis Ore & Steel Co.Supreme Court of Missouri · 1886
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3Cited by3 opinions
- Nutter v. HoustonMissouri Court of Appeals · 1888
- Leas v. Pacific Express Co.Missouri Court of Appeals · 1891
- Redmon v. Chicago, Rock Island & Pacific RailroadCourt of Appeals of Kansas · 1901