Crotty v. Brown
Missouri Court of Appeals
Appeal from Randolph Circuit Court. — Son. A. S. Waller, Judge. ' (1) Plaintiff’s petition does not state facts sufficient to constitute a cause of action against the defendant. This objection is not waived by pleading to the merits. Section 1804, Revised Statutes of Missouri, 1909; Paddock v. Somes, 102 Mo. 226; Hudson v. Cahoon, 193 Mo. 547. Such defect is incurable. Marx Co. v. Watson, 168 Mo. 133. An objection may be raised for the first time in the appellate court.
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Appeal from Randolph Circuit Court. — Son. A. S. Waller, Judge. ' (1) Plaintiff’s petition does not state facts sufficient to constitute a cause of action against the defendant. This objection is not waived by pleading to the merits. Section 1804, Revised Statutes of Missouri, 1909; Paddock v. Somes, 102 Mo. 226; Hudson v. Cahoon, 193 Mo. 547. Such defect is incurable. Marx Co. v. Watson, 168 Mo. 133. An objection may be raised for the first time in the appellate court. Jackson v. Mining Co., 106 Mo. App. 441; Ball v. Neosho, 109 Mo. App. 683. (2) The circuit court had no jurisdiction over…
1Opinion of the CourtEllison, J.
Plaintiff’s action was begun before a justice of the peace in Randolph county for the recovery of real estate commission. The judgment was in defendant’s favor before the justice. Plaintiff then appealed to the circuit court, where she obtained judgment.
*3There are two points suggested for reversal: One that the statement before the justice did not state a cause of action; the other that the circuit court had no jurisdiction for the reason that the appeal was taken more than ten days after judgment before the justice.
The statement being in an action before a justice, is sufficient. It clearly…
2Cases cited4 opinions
- Sidwell v. JettSupreme Court of Missouri · 1908
- Webster v. SpindlerMissouri Court of Appeals · 1889
- Warner v. DonahueMissouri Court of Appeals · 1903
- Topping v. J. C. Grant Mfg. Co.Missouri Court of Appeals · 1900