Wegner v. Gray
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon., Virgil Buie, Judge. (1) Tbe court erred in refusing to give defendant’s instruction in the nature of a demurrer at the* close of plaintiff’s case. “Before any process shall be* issued in any suit tbe plaintiff shall file with tbe justice- . . . or a statement of tbe account, or of tbe facts constituting tbe cause of action upon which tbe suit' is founded.” R. S. Mo. 1899, sec. 8852. Parties are-bound to set out their name.
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Appeal from St. Louis City Circuit Court. — Hon., Virgil Buie, Judge. (1) Tbe court erred in refusing to give defendant’s instruction in the nature of a demurrer at the* close of plaintiff’s case. “Before any process shall be* issued in any suit tbe plaintiff shall file with tbe justice- . . . or a statement of tbe account, or of tbe facts constituting tbe cause of action upon which tbe suit' is founded.” R. S. Mo. 1899, sec. 8852. Parties are-bound to set out their name. Revis v. Lamme & Bro., 2 Mo. 207; State v. Patterson, 159 Mo-. 98. Tbe statement is insufficient to bar another action.…
1Opinion of the CourtGoode, J.
Action begun before a justice of the peace on an account for plastering and papering at No. 511 Olark avenue. The case proceeded to the circuit court where plaintiff had judgment and defendant appealed. Plaintiff is a dealer in wall paper at No. 618. South Fourth street, St. Louis, and defendant resides at No. 521 Olark avenue. He testified she sent for him about September 1,1905, and said she wanted some work done at No. 511 Olark avenue. Plaintiff went there with her and a man named Gus Sticglitz, who intended to run a restaurant in the first story of the house, No. 511. Plaintiff testified…
2Cases cited5 opinions
- Hammons v. RenfrowSupreme Court of Missouri · 1884
- Fowler & Wild v. WilliamsSupreme Court of Missouri · 1876
- New England Loan & Trust Co. v. BrownMissouri Court of Appeals · 1894
- Gist v. EubankSupreme Court of Missouri · 1860
- Patterson v. McCamantSupreme Court of Missouri · 1859
3Cited by1 opinion
- Aven v. EllisSupreme Court of Missouri · 1933