Hansberger v. Pacific Railroad
Supreme Court of Missouri
Error to First District Court. I. The complaint before the justice, and tbe issue on tbe trial in tbe Circuit Court as presented by tbe record, was a common law action for killing stock, whereas tbe instructions given by tbe court assumed that tbe action was brought under section 5, chapter 51, R. C. 1855, p. 649. ( Vide 31 Mo. 399; 34 Mo. 177, 242.) Tbe plaintiff below, discovering that be could not recover on the statement of bis cause of' action filed with tbe justice of…
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Error to First District Court. I. The complaint before the justice, and tbe issue on tbe trial in tbe Circuit Court as presented by tbe record, was a common law action for killing stock, whereas tbe instructions given by tbe court assumed that tbe action was brought under section 5, chapter 51, R. C. 1855, p. 649. ( Vide 31 Mo. 399; 34 Mo. 177, 242.) Tbe plaintiff below, discovering that be could not recover on the statement of bis cause of' action filed with tbe justice of tbe peaefe, attempted to relieve tbe case from embarrassment and remain in court by filing in tbe Circuit Court an…
1Opinion of the CourtWagner, Judge
Plaintiff commenced his action against the defendant, before a justice of the peace in Pettis county, by filing his written statement claiming damages for the killing of stock. A trial was had, and verdict and judgment were rendered in his favor. Defendant appealed to the Circuit Court, and while the cause was pending in that court the plaintiff filed an amended statement. Subsequently the defendant filed a motion to strike out the amended statement and to dismiss the action, for the reason that the amended statement contained another and different cause of action from that tried in the…
2Cases cited3 opinions
- State v. MetzgerSupreme Court of Missouri · 1857
- Calvert v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Clark v. SmithSupreme Court of Missouri · 1867
3Cited by37 opinions
- State ex rel. Brown v. WilsonSupreme Court of Missouri · 1909
- Dowdy v. WambleSupreme Court of Missouri · 1892
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
- Sutton v. ColeSupreme Court of Missouri · 1900
- Mitchell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
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