Beattie v. Hill
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. The cause tried before the justice was a demand, in plaintiffs’ favor, against Hill and Weakley. In the Circuit Court it was amended so as to be in favor of Beattie & Weakley, against Hill as sole debtor. This was such a change in the cause of action as the law prohibits.
Read the full summary
Appeal from Buchanan Circuit Court. The cause tried before the justice was a demand, in plaintiffs’ favor, against Hill and Weakley. In the Circuit Court it was amended so as to be in favor of Beattie & Weakley, against Hill as sole debtor. This was such a change in the cause of action as the law prohibits. (Wagn Stat., 850, §18; and see further Clark vs. Smith, 39 Mo., 499; Chouteau vs. Hewitt, 10 Mo., 131; Webb vs. Tweedie, 30 Mo., 488; Brasliears vs. Strock, 46 Mo., 221; Elliott vs. Clark, 18 N. H., 421; Dean vs. Jewell, Id., 340; Powers vs. Sutherland, 1 Duv. [Ky.] 151 ; Burbage vs.…
1Opinion of the CourtWagner, Judge
This was a suit brought before a justice of the peace on a promissory note, given by defendant Hill to Weakley, and by him assigned to plaintiffs. The note purported on its faceto be for two hundred and twenty-five dollars. In the justice’s court plaintiff had judgment, and Hill appealed to the Circuit Court.
The suit was brought in favor of Beattie & Co., against both Hill and Weakley, and the firm of Beattie & Co., consisted of Armstrong Beattie and Thomas B. Weakley, who was one of the defendants, and the indorser on the note, so that he was really plaintiff and defendant on the record.
In…
2Cases cited4 opinions
- Hansberger v. Pacific RailroadSupreme Court of Missouri · 1869
- House v. DuncanSupreme Court of Missouri · 1872
- Clark v. SmithSupreme Court of Missouri · 1867
- Button v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1872
3Cited by17 opinions
- Missouri, O. & G. Ry. Co. v. CollinsSupreme Court of Oklahoma · 1915
- Winters v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1889
- Anglo-American Packing v. Turner Casing Co.Supreme Court of Kansas · 1885
- Thieman v. GoodnightMissouri Court of Appeals · 1885
- Holden v. VaughanSupreme Court of Missouri · 1877
12 more not listed; retrieve them via the Exa API.