Keyes & Watkins Livery Co. v. Freber
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. Warwick Hough, Judge. (1) The motion presented by the appellant to dismiss on the ground that the written contract was never filed with the justice, should have been sustained. Sec. 3852, R. S. .1899; sec. 3853, R. S. 1899; Buzzard & Hapeman, 61 Mo. App. 464; Olin v. Zeigler, 46 Mo. App. 193; Phoenix Ins. Co. v. Foster, 56 Mo.
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Appeal from St. Louis City Circuit Court. — How. Warwick Hough, Judge. (1) The motion presented by the appellant to dismiss on the ground that the written contract was never filed with the justice, should have been sustained. Sec. 3852, R. S. .1899; sec. 3853, R. S. 1899; Buzzard & Hapeman, 61 Mo. App. 464; Olin v. Zeigler, 46 Mo. App. 193; Phoenix Ins. Co. v. Foster, 56 Mo. App. 197. (2) The court erred in sustaining objection to evidence offered by defendant to explain the subject-matter of the contract. Long v. Long, 44 Mo. App. 141; Greening v. Steele, 122 Mo. 294; Brown v. Bower, 90 Mo.…
1Opinion of the CourtBland, P. J.
(after stating the facts as above).— 1. For a reversal of the judgment defendant makes two contentions. The first is that the justice acquired no-jurisdiction of the subject-matter of the suit for the reason the contract sued on was not filed with him. The statute in respect to this matter is, in substance, that where the demand is founded upon a written instrument executed by the other party, it shall be filed with the justice before summons is issued. Our Code of Civil Procedure requires a plaintiff or defendant, when his claim or counterclaim is founded on a written instrument executed by…
2Cases cited3 opinions
- Boatman v. CurrySupreme Court of Missouri · 1857
- St. Louis Trust Co. v. American Real Estate & Investment Co.Missouri Court of Appeals · 1899
- Schenck v. StumpfMissouri Court of Appeals · 1878
3Cited by10 opinions
- C. G. Conn Co. v. OrrMissouri Court of Appeals · 1910
- Warren v. StateNebraska Supreme Court · 1956
- Widman v. American Central InsuranceMissouri Court of Appeals · 1905
- Stephenson v. Joplin State BankMissouri Court of Appeals · 1911
- Trapp v. MersmanMissouri Court of Appeals · 1914
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