Williams v. Sanders
Missouri Court of Appeals
' Appeal from the Christian Circuit Court. — Hon. J. T. Neville, Judge. However imperfectly a cause of action may be stated iu a justice’s court, it may be amended in that court, or on appeal in the circuit court. Lustig v. Cohen, 44 Mo. App. 271; Land Co. v. Jeffries, 40 Id. 360. The amended statement filed in the justice’s court is only an amplification of the original statement, and not a change of the cause of action. Simms v. Field, 24 Mo.
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' Appeal from the Christian Circuit Court. — Hon. J. T. Neville, Judge. However imperfectly a cause of action may be stated iu a justice’s court, it may be amended in that court, or on appeal in the circuit court. Lustig v. Cohen, 44 Mo. App. 271; Land Co. v. Jeffries, 40 Id. 360. The amended statement filed in the justice’s court is only an amplification of the original statement, and not a change of the cause of action. Simms v. Field, 24 Mo. App. 557; Eubank v. Pope, 27 Id. 463. The allegation of other grounds of recovery, and matters of damage, might have been stricken out, and still the…
1Opinion of the CourtBland, P. J.
Appellants filed before James O. Williams, a justice of the peace of Christian county, the following statement for suit:
“J. J. Williams and W. W. Wil-] liams, Plaintiffs. ! v. f D. O. Sanders, Defendant. J
Before J. J. Williams, justice of the peace of Polktownship.
“D. O. Sanders, dr. to J. J. and W. D. Williams, for 6 /i o o acres of corn at $15 per acre, which was. *610bought and paid for about September, 1894, by the said plaintiffs and not delivered by said defendant. Amount $103.75, for which plaintiffs ask judgment, together with costs of said suit.”
On the return day of the summons, January…
2Cases cited2 opinions
- Hurley v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1894
- Sims v. FieldMissouri Court of Appeals · 1887
3Cited by2 opinions
- Lesan Advertising Co. v. CastlemanSupreme Court of Missouri · 1915
- Boeker v. Crescent Belting & Packing Co.Missouri Court of Appeals · 1903