Thieman v. Goodnight
Missouri Court of Appeals
Appeal from Johnson Circuit Court, Hon. Noah M.. G-ivah, Judge. The facts are sufficiently stated in the opinion. I. The court erred in overruling defendant’s motion to strike out the amended complaint and in refusing to dismiss the cause, for the paper filed before the justice did not state facts sufficient to constitute a cause of action nor did it comply with the statute. — Revised Statutes, 1879, sect. 2851; Brashears v. Strack, 46 Mo. 221; Swartz v. Nicholson, 65 Mo.…
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Appeal from Johnson Circuit Court, Hon. Noah M.. G-ivah, Judge. The facts are sufficiently stated in the opinion. I. The court erred in overruling defendant’s motion to strike out the amended complaint and in refusing to dismiss the cause, for the paper filed before the justice did not state facts sufficient to constitute a cause of action nor did it comply with the statute. — Revised Statutes, 1879, sect. 2851; Brashears v. Strack, 46 Mo. 221; Swartz v. Nicholson, 65 Mo. 508; Gist v. Loring, 60 Mo. 487. II. The court erred in permitting plaintiff to amend by bringing in new; parties…
1Opinion of the Court
Opinion by
Philips, P. J.
This action was instituted in a justice’s court by the plaintiff, L. P. Thieman, and was based on the following-statement filed with the justice:
“Concordia, Mo., Pec. 1st, 1881.
“Mr. George G. Goodnight,
Dr. to Louis P. Thieman,.
October 1st, 2nd, 3rd, 1881, to arresting Edward Easley, alias Sam. White, a fugitive from justice, twenty-five dollars ($25).”
On trial before the justice there was a verdict and judgment for defendant, from which the plaintiff duly prosecuted his appeal to the circuit court. In the circuit court the plaintiff was permitted, against the objection…
2Cases cited4 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- House v. DuncanSupreme Court of Missouri · 1872
- Rainey v. SmizerSupreme Court of Missouri · 1859
- Beattie v. HillSupreme Court of Missouri · 1875
3Cited by17 opinions
- Spooner v. RossMissouri Court of Appeals · 1887
- Slaughter v. DavenportSupreme Court of Missouri · 1899
- Lake v. WilsonSupreme Court of Arkansas · 1931
- Hackett v. Van FrankMissouri Court of Appeals · 1906
- Upham & Gordon v. AllenMissouri Court of Appeals · 1898
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