Maxwell v. Quimby
Court of Appeals of Kansas
Appeal from Holt Circuit Court. — Hon. Gallatin Craig, Judge. (1) The court erred in overruling defendants’ motion to dismiss the suit on account of the insufficiency of the statement filed before the justice. This statement did not state in what case, nor on what account or in whose favor the cost and judgment had been given, nor that the judgment had been duly made and given.
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Appeal from Holt Circuit Court. — Hon. Gallatin Craig, Judge. (1) The court erred in overruling defendants’ motion to dismiss the suit on account of the insufficiency of the statement filed before the justice. This statement did not state in what case, nor on what account or in whose favor the cost and judgment had been given, nor that the judgment had been duly made and given. It did not fairly warn the defendants of the nature and extent of plaintiff’s demand and was not sufficiently specific to serve as a basis for a plea of former adjudication. McCrary v. Good, 74 Mo. App. 425; Terti v.…
1Opinion of the CourtEllison, J.
This is an action begun before a justice of the peace to recover'costs paid by plaintiff for defendant on a certain judgment in the Holt Circuit Court. On appeal to the circuit court judgment was for plaintiff and defendant has brought the case here.
It seems that there was an action of forcible entry and detainer begun by plaintiff against defendant before a justice of the peace and 'appealed to the circuit court. In the latter court, the parties appeared in person and by attorneys, and by agreement the following judgment was entered of record:
“Now at this time come the parties herein, in…
2Cases cited2 opinions
- Brashears v. StrockSupreme Court of Missouri · 1870
- Lovitt v. RussellSupreme Court of Missouri · 1897
3Cited by3 opinions
- Phares v. Jaynes Lumber Co.Missouri Court of Appeals · 1906
- Keene v. SappingtonMissouri Court of Appeals · 1905
- Allen v. GoodrichMissouri Court of Appeals · 1905