Rogers, Worley & Carson v. Hopper
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Son. John A. Sochaday, Judge. (1) This cause of action is based upon section 4340 of our statutes and seeks the relief afforded by same, and does not state any cause of action against the appellant personally. (2) Since this case was tried upon, the theory that it was based on section 4340 of our statutes, that theory can not now be changed and the case reviewed in this court upon a different theory.
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Appeal from Boone Circuit Court. — Son. John A. Sochaday, Judge. (1) This cause of action is based upon section 4340 of our statutes and seeks the relief afforded by same, and does not state any cause of action against the appellant personally. (2) Since this case was tried upon, the theory that it was based on section 4340 of our statutes, that theory can not now be changed and the case reviewed in this court upon a different theory. Tomlinson v. Ellison, 104 Mo. 105; Jennings v. Dunham, '60 Mo. App. 635; Scott v. Nevada, 56 M0. App. 189. (3) Section 4340 as amended by Session Acts of 1895,…
1Opinion of the CourtSmith, P. J.
The plaintiffs, who were dry goods merchants, brought a suit before a justice of the peace against the defendants, husband and wife, on an account for $116.50 for goods sold and delivered by plaintiffs to the lattpr, the wife. The cause was removed into the circuit court where there was a trial before the court, a jury being dispensed with, which resulted in judgment for plaintiffs against the wife alone for one hundred and seven dollars and twenty-nine cents, and from which she appealed.
It may be here stated that the account was made out against the wife, and it appears from the evidence…
2Cases cited2 opinions
- Bozarth v. Lincoln Legion of HonorMissouri Court of Appeals · 1902
- Latimer v. NewmanMissouri Court of Appeals · 1897