Tegler v. Mitchell
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. R. H. . Field, Judge. (1) The court erred in allowing plaintiff to file an amended complaint, because the one originally filed was not verified, and, the justice having no jurisdiction, the circuit court could not acquire jurisdiction on appeal of unlawful detainer. Reilly v. Powell, 34 Mo. App. 431 ; Fletcher v. Keyte, 66 Mo. 285; Turner v. Bondalier, 31 Mo.
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Appeal from the Jackson Circuit Court. — Hon. R. H. . Field, Judge. (1) The court erred in allowing plaintiff to file an amended complaint, because the one originally filed was not verified, and, the justice having no jurisdiction, the circuit court could not acquire jurisdiction on appeal of unlawful detainer. Reilly v. Powell, 34 Mo. App. 431 ; Fletcher v. Keyte, 66 Mo. 285; Turner v. Bondalier, 31 Mo. App. 582. (2) The court erred in permitting the introduction of any evidence in this cause, because said amended petition does not allege that said premises were or are in the state of…
1Opinion of the CourtEllison, J.
This action is unlawful detainer. The affidavit to the complaint was insufficient in that the affiant swore that it was true “in substance.” Reilly v. Powell, 34 Mo. App. 431. But on appeal to the circuit court, pending a motion to dismiss, the complaint was permitted to be amended by appending thereto a. proper affidavit. This was rightfully allowed. R. S. 1889, sec. 5153. In Reilly v. Powell, no amendment was made or offered. The case of Turner v. Bondalier, 31 Mo. App. 582, is not applicable. The affiant in that case was a s.tranger to the proceedings at the time of making the affidavit.…
2Cases cited4 opinions
- Schell v. LelandSupreme Court of Missouri · 1870
- McQuoid v. LambMissouri Court of Appeals · 1885
- Turner v. BondalierMissouri Court of Appeals · 1888
- Reilly v. PowellMissouri Court of Appeals · 1889
3Cited by7 opinions
- Johnson v. FischerMissouri Court of Appeals · 1894
- Purcell v. MerrickMissouri Court of Appeals · 1913
- Wiltshire v. TriplettMissouri Court of Appeals · 1897
- Ver Steeg v. Becker-Moore Paint Co.Missouri Court of Appeals · 1904
- Dean v. TraxMissouri Court of Appeals · 1896
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