Johnson v. Kahn
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Ho». E. M. Hughes, Judge. (1) The statement of the facts constituting plaintiff’s caus'e of action filed with the justice, and on which the ease was tried in the circuit court, was a nullity. It did not advise the opposite party of the nature of the claim and was not sufficiently specific to bar another action. Secs. 3852 and 3853, R. S. 1899; Hill v. St. L. O. & S. Co., 90 Mo. 104; Rosenberg v. Boyd, 14 Mo.
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Appeal from Audrain Circuit Court. — Ho». E. M. Hughes, Judge. (1) The statement of the facts constituting plaintiff’s caus'e of action filed with the justice, and on which the ease was tried in the circuit court, was a nullity. It did not advise the opposite party of the nature of the claim and was not sufficiently specific to bar another action. Secs. 3852 and 3853, R. S. 1899; Hill v. St. L. O. & S. Co., 90 Mo. 104; Rosenberg v. Boyd, 14 Mo. App. 429; St. Louis v. Babcock, 156 Mo. 148. (2) The testimony in this case showed that whatever the plaintiff did toward the sale of the saloon was…
1Opinion of the CourtReyburn, J.
— This action was commenced before a justice of the peace upon the following statement:
“Mexico, Mo., Sept. 17. 1901.
“E. Kahn, Dr.'
“To Willis Johnson,
“Making sale of saloon stock, $92.50.”
The case was appealed to the circuit court, where it was tried before a jury upon the same account. At no stage of the proceeding did defendant object to the sufficiency of the statement filed, except that at the close of the trial in the circuit court he asked an instruction that under the statement filed and the evidence introduced, plaintiff was not entitled to recover, which instruction was refused by the…
2Cases cited5 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Fullerton v. FordyceSupreme Court of Missouri · 1898
- Hoyberg v. HenskeSupreme Court of Missouri · 1899
- Cosgrove v. LeonardSupreme Court of Missouri · 1896
- Force v. SquierSupreme Court of Missouri · 1896
3Cited by4 opinions
- Sallee v. McMurryMissouri Court of Appeals · 1905
- Manley v. Crescent Novelty Manufacturing Co.Missouri Court of Appeals · 1903
- Johnston v. O'SheaMissouri Court of Appeals · 1906
- Leslie v. TiernanMissouri Court of Appeals · 1913