Crum v. Elliston
Missouri Court of Appeals
Appeal from, the Henry Circuit Court. — Hon. D. A. DeArm ond, Judge. (1) The statement could not be amended in the circuit court. In an action of replevin commenced before a justice of the peace the statute requires the statement to be verified by affidavit. R. S., sec. 2882. And unless the statement is so verified it cannot be amended in the circuit court, but the action should be dismissed.
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Appeal from, the Henry Circuit Court. — Hon. D. A. DeArm ond, Judge. (1) The statement could not be amended in the circuit court. In an action of replevin commenced before a justice of the peace the statute requires the statement to be verified by affidavit. R. S., sec. 2882. And unless the statement is so verified it cannot be amended in the circuit court, but the action should be dismissed. Gist v. Loring, 60 Mo. 487; Madlcins v. Trice, 65 Mo. 656. (2) The description of the property in the statement is so vague, indefinite and uncertain, that the property by the description could not be…
1Opinion of the CourtSmith, P. J.
This was an action commenced before a justice of the peace under the statute providing for the claim and delivery of personal property, for the recovery of the possession of “ nine fat hogs, mostly black.” The statement contained all the averments required by section 2882, Revised Statutes, but neither it nor the affidavit appended to it were signed by the plaintiffs. There was a certificate of the justice of the peace following the unsigned affidavit in these words, “ Sworn and subscribed to before me by P. C. & George S. Orum, this November 15, 1886. O. J. IJoyd, justice of the peace.” When…
2Cases cited5 opinions
- Gist v. LoringSupreme Court of Missouri · 1875
- Davis v. RandolphMissouri Court of Appeals · 1877
- Bergesch v. KeevilSupreme Court of Missouri · 1853
- Madkins v. TriceSupreme Court of Missouri · 1877
- Haeger v. MarcusMissouri Court of Appeals · 1878
3Cited by8 opinions
- Cooley v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1899
- Clark v. St. Joseph Terminal RailroadSupreme Court of Missouri · 1912
- State Ex Rel. Knapp v. CowanMissouri Court of Appeals · 1935
- McConnell v. WatkinsSupreme Court of Oklahoma · 1914
- Dowdy v. WombleMissouri Court of Appeals · 1890
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