Cameron v. Hart
Missouri Court of Appeals
Appeal from the Butler Circuit Court. — Hon. John Gh 'Weak, Judge. (1) The statement filed was too indefinite and uncertain to constitute a cause of action, and not sufficient to apprise the defendant of what he was charged with, or to bar another action for the same cause. It states no cause of action. Rosenberg v. Boyd, 14 Mo. App. 429; Hill v. St. Louis, etc., Co., 90 Mo. 104; Nutter v. Houston, 32 Mo.
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Appeal from the Butler Circuit Court. — Hon. John Gh 'Weak, Judge. (1) The statement filed was too indefinite and uncertain to constitute a cause of action, and not sufficient to apprise the defendant of what he was charged with, or to bar another action for the same cause. It states no cause of action. Rosenberg v. Boyd, 14 Mo. App. 429; Hill v. St. Louis, etc., Co., 90 Mo. 104; Nutter v. Houston, 32 Mo. App. 452. The statement, as amended on the trial, was an entire substitution of one cause of action for another, the original statement being an account as for logs sold, while the statement…
1Opinion of the CourtBond, J.
— This action was begun before a justice on the following statement:
“J. S. Cameron and B. Man, account against Dayid ‘A. Hart for (hauling) 82,604 feet (of logs) at $2 per thousand feet, amount, $57.08.
“J. S. Cameron.”
Except that the word hauling was omitted.
After trial and judgment for plaintiffs the defendant appealed to the circuit court, where plaintiffs amended their statement by interlining therein “ hauling,” and thereupon the case was tried and a verdict and judgment rendered for plaintiffs in the sum of $57.20, from which defendant has appealed to this court.
The evidence on the trial…
2Cited by3 opinions
- Vaughn v. Kansas City Gas Co.Missouri Court of Appeals · 1942
- Carroll v. People's Railway Co.Missouri Court of Appeals · 1895
- Daniel v. AtkinsMissouri Court of Appeals · 1896