Kellogg v. Linger
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The petition did not state a cause of action, and was fatally defective in omitting to show affirmatively the justice’s jurisdiction. B. S., sec. 6392; Mcquoid v. Lamb, 19 Mo. App. 153; Schell v. Leland, 45 Mo. 289; McKinsey v. Harrol, 31 Mo. App. 41; Tegler v. Mitchell, 46 Mo. App. 349; Allen v. Scharrenghausen, 8 Mo. App. 229. (2) The court erred in giving judgment on the first bond filed.
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Appeal from the Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) The petition did not state a cause of action, and was fatally defective in omitting to show affirmatively the justice’s jurisdiction. B. S., sec. 6392; Mcquoid v. Lamb, 19 Mo. App. 153; Schell v. Leland, 45 Mo. 289; McKinsey v. Harrol, 31 Mo. App. 41; Tegler v. Mitchell, 46 Mo. App. 349; Allen v. Scharrenghausen, 8 Mo. App. 229. (2) The court erred in giving judgment on the first bond filed. (3) The court ruled that both bonds were in force and rendered judgment for the plaintiff on both. In other words, the court ruled…
1Opinion of the CourtEllison, J.
This action is on two appeal bonds. Plaintiff recovered.
Plaintiff instituted an action before a justice of the peace, under the landlord and tenant statute, for the *574possession of certain premises and the rent due thereon. He obtained judgment before the justice and defendant appealed to the circuit court, first giving an appeal bond, as required by statute, the sum fixed being $500. While the case was pending in the circuit court, plaintiff, by motion', asked the court to require defendant to give a “new bond.” The court sustained the motion and required defendant to give a new bond in the…
2Cases cited2 opinions
- Walter v. McSherrySupreme Court of Missouri · 1855
- Lucas v. FallonMissouri Court of Appeals · 1890