Johnston v. O'Shea
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — No». Dem-id D. Fisher, Judge. (1) The statement which plaintiff filed in the justice’s court states no cause of action. It is too indefinite, and not such as the law requires. And the circuit court committed error in overrruling defendant’s objection to the admission of any evidence on the part of the plaintiff. And the court also erred in not sustaining defendant’s motion for a new trial and in arrest of judgment.
Read the full summary
Appeal from St. Louis City Circuit Court. — No». Dem-id D. Fisher, Judge. (1) The statement which plaintiff filed in the justice’s court states no cause of action. It is too indefinite, and not such as the law requires. And the circuit court committed error in overrruling defendant’s objection to the admission of any evidence on the part of the plaintiff. And the court also erred in not sustaining defendant’s motion for a new trial and in arrest of judgment. R. S. 1899, secs. 3852-53, Leas v. Pacific Express Co., 45 Mo. App. 598;Rosenburgv. Boyd, 14 M'o. App. 429; Hill v. St. L. Ore & Steel…
1Opinion of the Court
GOODE, J. —
This action was instituted before a justice of the peace by filing the following statement of account:
“St. Louis, Missouri, November 1, 1902.
“Joseph O’Shea, to William J. Johnston, Dr.
“To. privilege of filling in rear end of lot fronting 150 feet on north side of Forest Park boulevard, 450 feet west of Grand avenue, as per contract, $100; by cash, $50; balance due $50.”
Before the trial in the justice’s court the original contract on which the action was based -was filed and is as follows:
“St. Louis, April 29, 1902.
“Permission is hereby given to Mr. Joseph O’Shea to fill the rear…
2Cases cited3 opinions
- Wright v. TinsleySupreme Court of Missouri · 1860
- Harrigan v. WelchMissouri Court of Appeals · 1892
- Johnson v. KahnMissouri Court of Appeals · 1903
3Cited by1 opinion
- Hickey v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1913