Dean v. Trax
Missouri Court of Appeals
Appeal from the Livingston Circuit Court. — Hon. E. J. Bboaddus, Judge. (1) The complaint filed in this cause before the justice, and upon which the process was issued and upon which the case stood for trial in the circuit court until the court permitted the plaintiff to file an amended complaint, failed to state any cause of action.
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Appeal from the Livingston Circuit Court. — Hon. E. J. Bboaddus, Judge. (1) The complaint filed in this cause before the justice, and upon which the process was issued and upon which the case stood for trial in the circuit court until the court permitted the plaintiff to file an amended complaint, failed to state any cause of action. It was a nullity, and gave the court no jurisdiction to issue process, and the plaintiff realized this when he filed his so-called amended complaint in the circuit court on the day it was called for trial. R. S. 1889, secs. 5089, 5092; forms numbers 144 and 145,…
1Opinion of the CourtEllison, J.
This is an action of' unlawful detainer in which plaintiff recovered judgment.
The case was taken to the circuit court' where the complaint was amended over the objection of *520defendant. The complaint as filed before the justice was amply sufficient to give the justice jurisdiction. The defect cured by the amendment was not fatal at all, and comprised merely a more specific statement of the acts of defendant. We have held that where the complaint was not sufficient to clothe the justice with jurisdiction it could not be amended on appeal, since there was no provision, sufficiently comprehensive,…
2Cases cited5 opinions
- Johnson v. FischerMissouri Court of Appeals · 1894
- Elliott v. AbellMissouri Court of Appeals · 1890
- Tegler v. MitchellMissouri Court of Appeals · 1891
- Roberts v. LynchMissouri Court of Appeals · 1884
- Hixon v. SeldersMissouri Court of Appeals · 1891
3Cited by5 opinions
- Wiltshire v. TriplettMissouri Court of Appeals · 1897
- Safety Savings & Loan Ass'n v. WilliamsMissouri Court of Appeals · 1934
- Aubuchon v. FosterMissouri Court of Appeals · 1919
- Naylor v. ChinnMissouri Court of Appeals · 1899
- Wiltshire v. TriplettMissouri Court of Appeals · 1897