Rechnitzer v. Vogelsang
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — -Now. Walter B. Douglas, Judge. When tbe account filed is defective and does not comply with tbe statutory requirements, tbe defendant should either move tbat same be made more definite and certain or else object to tbe introduction of any evidence to support it; but if tbe objection to such pleading be not taken in one or tbe other of these ways, it shall be deemed waived.
Read the full summary
Appeal from St. Louis City Circuit Court. — -Now. Walter B. Douglas, Judge. When tbe account filed is defective and does not comply with tbe statutory requirements, tbe defendant should either move tbat same be made more definite and certain or else object to tbe introduction of any evidence to support it; but if tbe objection to such pleading be not taken in one or tbe other of these ways, it shall be deemed waived. MacAdams v. Scudder, 127 Mo. 345, 30 S. W. 168; Labadie v. Maguire, 6 Mo. App. 573; Dawson v. Quillen, 61 Mo. App. 676. And advantage of sueb a defect cannot be taken for the…
1Opinion of the CourtGoode, J.
Plaintiff began this action before a justice of the peace by filing the following account:
J. S. Rechnitzer,
Publisher of the Columbia, Grand and Hopkins’ Imperial programs and all first-class advertising-mediums. Artistic printing, lithographing, blank book manufacturing and binding. Estimates cheerfully given. Catalogue price lists. St. Louis, 720 Century Bldg., June, 1903.
“Mr. Henry Vogelsang, acct. for Edw. J., 10th and Olive.
To Mdse, as per bills................$68.00
To> Mdse, as per bills................11.80
$79.80
1903
June 9, By cash................$ 5
June 16, By cash................ 2
7.00
2Cases cited10 opinions
- Butts v. PhelpsSupreme Court of Missouri · 1883
- Brashears v. StrockSupreme Court of Missouri · 1870
- Gray v. BowlesSupreme Court of Missouri · 1881
- Swartz v. NicholsonSupreme Court of Missouri · 1877
- Weese v. BrownSupreme Court of Missouri · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Rundelman v. John O'Brien Boiler Works Co.Missouri Court of Appeals · 1913
- Union Brewing Co. v. EhlhardtMissouri Court of Appeals · 1909
- Jarrett v. MohanMissouri Court of Appeals · 1910
- Rees v. Peck-King Mortgage Co.Missouri Court of Appeals · 1921
- Whitewater Mercantile Co. v. DevoreMissouri Court of Appeals · 1908
9 more not listed; retrieve them via the Exa API.