Heman v. Fanning
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The original statement was not sufficient of itself to constitute a cause of action and support a judgment. Rosenberg v. Boyd, 14 Mo. App. 429 ; McDonough v. Daily, 6 Mo. App. 598 ; Morris v. Buckley, 9 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. The original statement was not sufficient of itself to constitute a cause of action and support a judgment. Rosenberg v. Boyd, 14 Mo. App. 429 ; McDonough v. Daily, 6 Mo. App. 598 ; Morris v. Buckley, 9 Mo. App. 577 ; Schwartz v. Nicholson, 65 Mo. 508 ; Brashears v. Strock, 46 Mo. 221. The amended statement allowed by the court was a complete change of the original cause of action if the original statement could be considered sufficient. If the original statement was not sufficient, then the amended statement was an…
1Opinion of the CourtThompson, J.
This action was commenced before a justice of the, peace on the following statement of cause of action:
“St. Louis, Mo., Sept. 22, 1887. James Fanning, to William Heman, Hr., 1,950 yards grading, at 3c, $58.50 ; damages in delay, $191.50; $250.00.”
In the circuit court a motion to dismiss the bill, because of the insufficiency of the statement and misjoinder of causes of action therein, was made and overruled. The plaintiff was thereupon allowed to file an amended statement of cause of action which recited “ that defendant, on or about the twenty-second day of April, A. D., 1887, made and…
2Cases cited1 opinion
- Brashears v. StrockSupreme Court of Missouri · 1870
3Cited by9 opinions
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- Magoon v. O'ConnorMissouri Court of Appeals · 1908
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