Brennan v. McMenamy
Missouri Court of Appeals
'Appeal from the Si. Louis Oiiy Circuit Oourt. — Hon. John A. Tarty, Judge. On appeal from a justice the statement may be amended in the circuit court if such amendment does not change the cause of action, especially where the amendment consists of items which were evidently intended to be included in the original statement.
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'Appeal from the Si. Louis Oiiy Circuit Oourt. — Hon. John A. Tarty, Judge. On appeal from a justice the statement may be amended in the circuit court if such amendment does not change the cause of action, especially where the amendment consists of items which were evidently intended to be included in the original statement. The statute permitting such amendments is to be liberally construed, and it is not error in the trial court to allow such an amendment when it is in the furtherance of substantial justice between the parties. In the case at bar the amendment satisfied all these…
1Opinion of the CourtBland, P. J.
Plaintiff commenced his suit before a justice of the peace in the city of St. Louis on the following account:
“John McMenamy, 3129 Easton avenue.
“To Daniel Brennan, Dr.
“To cash charged against me in account given me of distribution of proceeds of sale of my house, 4451 North Market street, and none of which I received from you......................$160.00
To amount illegally charged for commissions upon sale of said house........................ 40.90
To overcharge on purchase money, or as called for in account, “earnest money”.................. 10.00
$210.00
On a trial before the justice the…
2Cases cited26 opinions
- Brashears v. StrockSupreme Court of Missouri · 1870
- Hansberger v. Pacific RailroadSupreme Court of Missouri · 1869
- Peddicord v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Swartz v. NicholsonSupreme Court of Missouri · 1877
- Moore v. DixonSupreme Court of Missouri · 1872
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3Cited by7 opinions
- Gary Realty Co. v. KellySupreme Court of Missouri · 1919
- McMenamy v. MainMissouri Court of Appeals · 1985
- Moran v. MontzMissouri Court of Appeals · 1914
- Engle v. FerrellMissouri Court of Appeals · 1907
- Heimberger v. HarrisonMissouri Court of Appeals · 1900
2 more not listed; retrieve them via the Exa API.