Hammond v. Berkowitz
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon.. Haywood Scott, Judge. (1) In an action before a justice of the peace there must either he an itemized statement of account filed or some statement from which the defendant can learn upon what account he is sued and be sufficiently specific to bar another action. Freimuth v. Rudd, 8 Mo. App. 568; McDonough y. Daly, 6 M'o. App. 598; Patterson v. Lutz, 1 Mo. App. 134; Doggett y. Blanke, 70 Mo. App. 499; McCrary v. Good, 74 Mo.
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Appeal from Jasper Circuit Court. — Hon.. Haywood Scott, Judge. (1) In an action before a justice of the peace there must either he an itemized statement of account filed or some statement from which the defendant can learn upon what account he is sued and be sufficiently specific to bar another action. Freimuth v. Rudd, 8 Mo. App. 568; McDonough y. Daly, 6 M'o. App. 598; Patterson v. Lutz, 1 Mo. App. 134; Doggett y. Blanke, 70 Mo. App. 499; McCrary v. Good, 74 Mo. App. 425; R. S. 1899, sec. 3852; Sidway v. Mo. Land & Livestock Co., 163 Mo. 373; Hill v. Ore & Steele Co., 90 Mo, 103;…
1Opinion of the Court
NIXON, P. J. —
This action was commenced by filing before a justice of the peace in Jasper county the following statement (caption omitted) :
“Plaintiff says that the defendant is indebted to him in the sum of three hundred dollars ($300.00) for services rendered him at his special request, for which he asks judgment together with the costs of this suit.
“Itemized bill and statement annexed and marked Exhibit ‘A.’ ”
Plaintiff obtained judgment for $265. Upon an appeal to the circuit court of Jasper county, the plaintiff filed for the first time an itemized statement which is as follows:
“D.…
2Cases cited2 opinions
- Butts v. PhelpsSupreme Court of Missouri · 1883
- Lustig v. CohenMissouri Court of Appeals · 1891
3Cited by3 opinions
- Jarrett v. MohanMissouri Court of Appeals · 1910
- Herrick v. ManessMissouri Court of Appeals · 1910
- Walton v. CarlisleSupreme Court of Missouri · 1926