Burden v. Hornsby

Suit was brought originally before a justice of the peace for killing plaintiff’s dog, and the damages were laid at $100. On motion to dismiss for excess of claim, the plaintiff amended his statement so as to make his claim but $50, and went to trial. This leave to amend is the first error complained of, but it was perfectly proper to make the correction. The defendant appealed, and upon trial the verdict was in his favor. The court, however, on the plaintiff’s motion, granted a new trial, and this is also claimed to be erroneous. It has long since been settled in Mis*239souri that error will not…