C. H. Burke Mfg. Co. v. The Steamboat, "A. Saltzman"
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. Statement of the case by the court. The plaintiff, C. H. Burke Manufacturing Company, filed a complaint under the statute, Revised Statutes, 1889, chapter 20, against the steamboat, “A. Saltzman,” her tackle, apparel and furniture, on ac'count of labor done and materials furnished in the repairing, getting out, furnishing and equipping thereof; that the said steamboat, “A. Saltzman,” is a river craft…
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Appeal from the Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. Statement of the case by the court. The plaintiff, C. H. Burke Manufacturing Company, filed a complaint under the statute, Revised Statutes, 1889, chapter 20, against the steamboat, “A. Saltzman,” her tackle, apparel and furniture, on ac'count of labor done and materials furnished in the repairing, getting out, furnishing and equipping thereof; that the said steamboat, “A. Saltzman,” is a river craft propelled by steam, and operated on the Missouri, to and from St. Joseph, Missouri, and that said labor was done and materials…
1Opinion of the CourtGill, J.
Defendants seek a reversal of the judg-
ment herein on two grounds, to-wit: First, the insufficiency of the complaint filed, and, second, a want of jurisdiction in the court trying the cause.
I. As to the form of the complaint, or petition, two objections are suggested. It is urged, in the first place, that the complaint is faulty in failing to set out in the body of the same the various items which go to make up the account sued on. The statute providing for such an action (R. S., sec. 773) requires that “the complaint, or other lawful statement of the cause of action, shall set forth the…
2Cases cited8 opinions
- The LottawannaSupreme Court of the United States · 1875
- The Moses TaylorSupreme Court of the United States · 1867
- Grove v. City of KansasSupreme Court of Missouri · 1882
- Huxley v. HarroldSupreme Court of Missouri · 1876
- Meyer v. McCabeSupreme Court of Missouri · 1880
3 more not listed; retrieve them via the Exa API.