Barr v. Blomberg
Missouri Court of Appeals
Appeal from the Mercer Circuit Court. — Hon. Geo. T. White, Special Judge. No account or statement of cause of action was filed with the justice who tried the case, and, as far as the record discloses, it was an original suit before him. R. S., sec. 2851. Revised Statutes, section 2852, provide for a dismissal of the suit if no statement be filed before the justice.
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Appeal from the Mercer Circuit Court. — Hon. Geo. T. White, Special Judge. No account or statement of cause of action was filed with the justice who tried the case, and, as far as the record discloses, it was an original suit before him. R. S., sec. 2851. Revised Statutes, section 2852, provide for a dismissal of the suit if no statement be filed before the justice. Peddicord v. Railroad, 85 Mo. 162. • After an appeal from a justice and the transcript is filed no amendment can be made. ■ Horton v. Railroad, 21 Mo. App. 148; Norton v. Porter, 63 Mo. 345. (1) Although there may have been error…
1Opinion of the CourtEllison, J.
This case involving so trifling an amount has found its way to this court on defendant’s appeal. The first record entry of it is this:
“ Transcript of W. M. Lawson, docket.
“Change of venue from W. Z. Burton, J. P., in a case wherein JohnP. Barr, plaintiff, v. Henry Blomberg, defendant.
“Plaintiff filed October 10, A. D. 1887, account against the defendant for one and one-half days’ labor rendered threshing wheat, and orders a summons to issue, which is done and delivered to the constable and made returnable on the twenty-first day of October, A. D. 1889.
“W. M. Lawson, J. P.”
There was a verdict…
2Cases cited1 opinion
- Peddicord v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
3Cited by1 opinion
- Thompson v. MarshallMissouri Court of Appeals · 1892