Jarrett v. Mohan
Missouri Court of Appeals
Appeal from Ripley Circuit Court. — Eon. J. G. Sheppard, Judge. (1) The filing of a statement, or the instrument sued on, as the basis of the action, before a justice of the peace, is necessary to give the justice jurisdiction.
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Appeal from Ripley Circuit Court. — Eon. J. G. Sheppard, Judge. (1) The filing of a statement, or the instrument sued on, as the basis of the action, before a justice of the peace, is necessary to give the justice jurisdiction. R. S. 1899, sec. 3852; Odie v. Clark, 2 Mo. 12; Peddicord v. Railroad, 85 Mo. 160; Sidway v. Land & Live Stock Co., 163 Mo. 3á2; Soné to use, v. Wallendorf, 187 Mo. 12. (2) The statement, while it need not be formal, must advise the opposite party of the nature of the claim against him; in other words, must set out the essential facts constituting his cause of action.…
1Opinion of the CourtGray, J.
This case was instituted before a justice of the peace upon the following alleged cause of action:
“May 10, 1909.
“Mike Mohan, Dr. To J. F. Jarrett, $9.00 for money wrongfully paid for tie trees as follows: For eleven trees at .70 each.
“(Signed.)
“J. F. Jarrett/-’
*32The cause was tried before the justice and appealed to the circuit court, and there tried before a jury at the June term, 1909, resulting in a verdict and judgment for the plaintiff in the sum of $9. The defendant has appealed to this court.
The only proceedings at the trial in the circuit court, which are before us for review, are the…
2Cases cited15 opinions
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- Watkins v. DonnellySupreme Court of Missouri · 1885
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- Sone ex rel. Road District No. 11 v. WallendorpSupreme Court of Missouri · 1905
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