Evans v. St. Louis & San Francisco Railway Co.
Missouri Court of Appeals
Appeal from the Camden Circuit Court. — Hon Argus Cox, Judge. (1) The amendment changed the cause of action, and is prohibited by section 6345 of the Eevised Statutes of 1889, and is violative of section 6347. The leading case on this subject is that of Hans'berger v. Railroad, 43 Mo. 196. This case has been cited with approval by both the Kansas City court of appeals, the St. Louis court of appeals and the supreme court of this state, and has never been overruled or…
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Appeal from the Camden Circuit Court. — Hon Argus Cox, Judge. (1) The amendment changed the cause of action, and is prohibited by section 6345 of the Eevised Statutes of 1889, and is violative of section 6347. The leading case on this subject is that of Hans'berger v. Railroad, 43 Mo. 196. This case has been cited with approval by both the Kansas City court of appeals, the St. Louis court of appeals and the supreme court of this state, and has never been overruled or modified. Beattie v. Hill, 60 Mo. 72, 74; Gregory v. Railroad, 20 Mo, App. 452, 488; Hanson v. Jones, 20 Mo. App. 595, 600;…
1Opinion of the CourtEllison, J.
This action was brought in a justice’s court, to recover of the railway company $15, for killing one brood sow, and also a “reasonable attorney’s fee.” The railway company suffered a default. The justice rendered judgment against it for $15 and costs and $25 attorney’s fee, from which judgment an appeal was duly perfected to the Camden county circuit court. In the circuit court, the plaintiff filed an amended petition. After the amended petition was filed, the appellee made a motion to affirm, and this was granted without hearing any evidence. An attorney’s fee was prayed for in both…
2Cases cited3 opinions
- Gregory v. WabashMissouri Court of Appeals · 1886
- Sturges v. BottsMissouri Court of Appeals · 1887
- Nutter v. HoustonMissouri Court of Appeals · 1890
3Cited by8 opinions
- Jackson v. FultonMissouri Court of Appeals · 1901
- McMahon v. Charles Schulze, Inc.Missouri Court of Appeals · 1972
- Brennan v. McMenamyMissouri Court of Appeals · 1899
- Engle v. FerrellMissouri Court of Appeals · 1907
- Slaughter v. DavenportMissouri Court of Appeals · 1896
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