Hornsby v. Stevens
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court.— Hon. Rudolph Hiezel, Judge. The filing of the account with the justice is the commencement of the suit. R. S. 1889, sec. 2013; South Missouri Lumber Co. v. Wright, 114 Mo. 326-331; State v. Heiclhorn, 74 Mo. 410; State v. Dolan, S3 Mo. 467; Young v. Railroad, 33 Mo. App. 509; White v. Reed, 60 Mo. App. 3.80; 23 Am. & Eng. Encyclopedia of Law, pp. 479, 485, 317, and cases cited; Harold v. State, 16 Tex.
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Appeal from the St. Louis County Circuit Court.— Hon. Rudolph Hiezel, Judge. The filing of the account with the justice is the commencement of the suit. R. S. 1889, sec. 2013; South Missouri Lumber Co. v. Wright, 114 Mo. 326-331; State v. Heiclhorn, 74 Mo. 410; State v. Dolan, S3 Mo. 467; Young v. Railroad, 33 Mo. App. 509; White v. Reed, 60 Mo. App. 3.80; 23 Am. & Eng. Encyclopedia of Law, pp. 479, 485, 317, and cases cited; Harold v. State, 16 Tex. App. 157; Sutherland on Statutory Construction, secs. 138, 154. The commencement of a suit before a justice is the delivery of the writ to the…
1Opinion of the CourtBiggs, J.
The plaintiff’s action is for the value of his services in effecting for the defendant the exchange of certain lands. It is undisputed that the cause of action, if any, accrued on the twenty-seventh day of August, 1889. He filed his statement before the justice of the peace on the twenty-fifth of August, 1894, but the summons was not delivered to the constable until the thirtieth of that month. On a trial in the circuit court, where the case had gone by appeal, it was ruled that the plaintiff’s action was barred by the statute of limitations, and judgment was entered for the defendant. The…
2Cases cited5 opinions
- South Missouri Lumber Co. v. WrightSupreme Court of Missouri · 1893
- McGrath v. St. Louis, Kansas City & Colorado RailroadSupreme Court of Missouri · 1895
- Loeffel v. HossMissouri Court of Appeals · 1881
- Ray v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1887
- Sherman v. RockwoodMissouri Court of Appeals · 1887
3Cited by6 opinions
- Heman v. LarkinMissouri Court of Appeals · 1903
- McDonnell v. NicholsonMissouri Court of Appeals · 1896
- Fabien v. GrabowMissouri Court of Appeals · 1908
- Missouri Granitoid Co. v. GeorgeMissouri Court of Appeals · 1910
- Rosenthal v. WindensohlerMissouri Court of Appeals · 1905
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