Newberger v. Friede
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. A justice has no jurisdiction of actions involving unsettled partnership accounts. Smith v. Smith, 33 Mo. 557; Bond v. Bemis, 55 Mo. 524. The amendment changed the cause of action, and was, therefore, improper. Rev. Stat., sects. 3058, 3060; Webb r. Sweedie, 30 Mo. 488; Freimuth v. Rupp, 8 Mo.
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Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. A justice has no jurisdiction of actions involving unsettled partnership accounts. Smith v. Smith, 33 Mo. 557; Bond v. Bemis, 55 Mo. 524. The amendment changed the cause of action, and was, therefore, improper. Rev. Stat., sects. 3058, 3060; Webb r. Sweedie, 30 Mo. 488; Freimuth v. Rupp, 8 Mo. App. 387; Harris », Railroad, 37 Mo. 307; Waldhier v. Railroad, '71 Mo. 514. It is not essential that there should be a community of interest in the capital stock in order to constitute a partnership. Story on Partnership, sect. 27; Lengle…
1Opinion of the CourtThompson, J.
This action was brought before a justice of the peace to recover a balance alleged to be due upon an open account. On appeal to the circuit court there was a trial de nono by the court, a jury having been waived, and a judgment in favor of the plaintiff from which the ■defendant has appealed.
Objection was made before the justice and in the ■circuit court to the jurisdiction of the justice, on the ground that the plaintiff and defendant were, in respect ■of the transaction out of which the .account grew, partners, and that a justice of the peace has no jurisdiction of a suit to settle the…
2Cases cited12 opinions
- Donnell v. HarsheSupreme Court of Missouri · 1877
- Dwinel v. StoneSupreme Judicial Court of Maine · 1849
- Musser v. BrinkSupreme Court of Missouri · 1878
- Brown v. KimmelSupreme Court of Missouri · 1878
- Cape Girardeau & State Line Railroad v. KimmelSupreme Court of Missouri · 1874
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3Cited by14 opinions
- Wagner v. Edison Electric Illuminating Co.Supreme Court of Missouri · 1903
- Dillaway v. PetersonSouth Dakota Supreme Court · 1898
- Rankin v. FairleyMissouri Court of Appeals · 1888
- Miller v. Metropolitan Life InsuranceMissouri Court of Appeals · 1896
- Sain v. RooneyMissouri Court of Appeals · 1907
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