Dahlgren v. Yocum Bros.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — I-Ion. James E. Withrow, Judge. The memorandum filed with the justice was not a statement of a cause of action. Swartz v. Nicholson, 65 Mo. 508; Rosenburg v. Boyd, 14 Mo. App. 429; Butts v. Phelps, 79 Mo. 302 ; Razor v. Railroad, 73 Mo. 471. As the memorandum filed with the justice did not state a cause of action at all, it was not susceptible of amendment on appeal.
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Appeal from the St. Louis City Circuit Court. — I-Ion. James E. Withrow, Judge. The memorandum filed with the justice was not a statement of a cause of action. Swartz v. Nicholson, 65 Mo. 508; Rosenburg v. Boyd, 14 Mo. App. 429; Butts v. Phelps, 79 Mo. 302 ; Razor v. Railroad, 73 Mo. 471. As the memorandum filed with the justice did not state a cause of action at all, it was not susceptible of amendment on appeal. Hence the action of the court below in permitting an amendment was error. Brashears v. Strode, 46 Mo. 221. The plaintiff did. all that was necessary and fully set out “the facts…
1Opinion of the CourtRombauer, P. J.
The only question presented by this appeal is, whether the plaintiff’s statement, filed before the justice, was “a statement of facts constituting the cause of action on which the suit is founded,” under the requirements of section 2851 of the Revised Statutes of 1879. The statement is as follows:
“A. M., Dahlgren, Plaintiff, -i “Wm. H. Yocum and Jas. i W. Yocum. : J V.
“Plaintiff in said entitled cause says defendants are justly indebted to him in the sum of $85.68, which sum is due him from said defendants for the sale of cigars, wherein plaintiff acted as the agent and salesman of said…
2Cases cited3 opinions
- Brashears v. StrockSupreme Court of Missouri · 1870
- Swartz v. NicholsonSupreme Court of Missouri · 1877
- Rosenburg v. BoydMissouri Court of Appeals · 1883
3Cited by6 opinions
- McCormick Harvesting Machine Co. v. HillMissouri Court of Appeals · 1904
- Darnell v. LaffertyMissouri Court of Appeals · 1905
- Doggett v. BlankeMissouri Court of Appeals · 1897
- Corson v. WallerMissouri Court of Appeals · 1904
- Lamb v. BushMissouri Court of Appeals · 1892
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