Matthews v. Rountree's Administrator
Supreme Court of Missouri
•Appeal from Polk Circuit Court. 1. The court had no right to render judgment upon the amended petition until it was verified by affidavit. 2. The court erred in refusing to give defendant time to plead after the amendment.
1Opinion of the CourtRyland, Judge
The plaintiff began his action in the Circuit Court of Polk county, thus : “ Thomas Rountree, administrator of the es» tate of Charles Rountree, deceased, against William R. Matthews ‘and Isaac P. Russell. In the Polk Circuit Court, April term, 1854.”
*283“ Plaintiff states that defendants, by their promissory note, promised,” &c., making a good statutory petition, and asking judgment for the amount of the debt and interest. The defendants appear and file their motion to dismiss the action, because the petition does not specify the county in which the action is brought, and because the petition…
2Cited by2 opinions
- Steele v. LeonoriMissouri Court of Appeals · 1888
- Herold v. Pioneer Trust Co.Missouri Court of Appeals · 1922