Quinn v. Stout
Supreme Court of Missouri
Appeal from St. Louis Law Commissioner’s Court. This was an action commenced before a justice of the peace to recover the price of a horse. The statement filed with the justice was as follows : “ B. F. Stout to Patrick Quinn, Dr. To one horse sold him on the 2d day of November last — $90. St. Louis, February 1, 1858.” The justice rendered judgment for plaintiff. An appeal was taken to the law commissioner’s court.
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Appeal from St. Louis Law Commissioner’s Court. This was an action commenced before a justice of the peace to recover the price of a horse. The statement filed with the justice was as follows : “ B. F. Stout to Patrick Quinn, Dr. To one horse sold him on the 2d day of November last — $90. St. Louis, February 1, 1858.” The justice rendered judgment for plaintiff. An appeal was taken to the law commissioner’s court. The defendant’s objection to the sufficiency of the statement was overruled. It appeared in evidence that defendant Stout was engaged in selling oysters, butter, fish, &o.; that…
1Opinion of the CourtEwing, Judge
The objection to the account is not well taken. All that the statute requires on this subject is, that when the suit is on account a bill of the items shall be filed with the justice ; or, if not founded on an account or an instrument of writing, a statement of the cause of action must be filed with the justice before process issues. The paper filed in this case contains every thing necessary to show intelligibly the nature and particulars of the demand, and indeed it is fuller and more formal than accounts that have been held sufficient by this court. It is not perceived what more is…
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