Burt v. Warne
Supreme Court of Missouri
Appeal from St. Louis Law Commissioner’s Court. This was an action brought before a justice to recover damages alleged to have been done to a building, described as situated in “ block No. 84, of the city of St. Louis;” the justice rendered judgment for plaintiff, and defendant appealed to the law commissioner’s court. Plaintiff was allowed to amend his statement and insert the words “ South Fourth street.”
Read the full summary
Appeal from St. Louis Law Commissioner’s Court. This was an action brought before a justice to recover damages alleged to have been done to a building, described as situated in “ block No. 84, of the city of St. Louis;” the justice rendered judgment for plaintiff, and defendant appealed to the law commissioner’s court. Plaintiff was allowed to amend his statement and insert the words “ South Fourth street.” Plaintiff introduced witness Jones, who testified that he rented the premises in question of James McCausland, agent for John and Robert McCausland, between February 12th and 18th, 1858,…
1Opinion of the CourtEwing, Judge
The statement as originally filed with the justice described the premises with the requisite certainty, and so that they could be readily identified. The amendment allowed by the commissioner was therefore immaterial.
The lease was properly allowed to go to the jury. There was evidence tending to prove that James McCausland was the agent of the owners of the property in question ; and this paper, the execution of which was proved by the witness Jones, purports to lease it on certain terms therein specified to the plaintiff by the month ; and the lease was to continue as long as the premises…
2Cited by9 opinions
- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
- Strathmann v. GorlaMissouri Court of Appeals · 1883
- Norton v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1871
- Polhans v. Atchison, Topeka & Santa Fe RailroadMissouri Court of Appeals · 1891
- Webster v. Atchison, Topeka & Santa Fe RailroadMissouri Court of Appeals · 1894
4 more not listed; retrieve them via the Exa API.