Clark v. Smith
Supreme Court of Missouri
Appeal from Worth Circuit Court. I. This cause being tried by the Circuit Court on appeal from the justice’s court, the same issue should have been tried in said court that was originally tried in the justice’s court — R.'C. 1855, p. 975, § 18. II. The amended statement or complaint of the respondent presents a cause of action in trespass.
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Appeal from Worth Circuit Court. I. This cause being tried by the Circuit Court on appeal from the justice’s court, the same issue should have been tried in said court that was originally tried in the justice’s court — R.'C. 1855, p. 975, § 18. II. The amended statement or complaint of the respondent presents a cause of action in trespass. The cause of action before the justice was a contract based on an account; therefore the court erred in permitting the amended complaint to be filed, the justice of the peace having no jurisdiction.
1Opinion of the CourtHolmes, Judge
This suit was commenced before a justice of the peace in the county of Worth, upon an account filed with the justice charging the defendant with sis fat hogs at sixteen dollars each and one shoat at four dollars, crediting him with the amount of one hog and one shoat, twenty dollars, and claiming a balance of eighty dollars as for goods sold and delivered. There was a trial before the justice, and the plaintiff had judgment for seventy dollars and costs. An appeal was taken by the defendant to the Circuit Court of Worth county; and upon the trial there, the evidence offered tending to show…
2Cases cited1 opinion
- Webb v. TweedieSupreme Court of Missouri · 1860
3Cited by6 opinions
- Hansberger v. Pacific RailroadSupreme Court of Missouri · 1869
- Beattie v. HillSupreme Court of Missouri · 1875
- Hanson v. JonesMissouri Court of Appeals · 1886
- Sandeen v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1883
- Phillips v. MastbrookMissouri Court of Appeals · 1887
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