Legal Opinion
Boughton v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Decided February 23, 1887PublishedCited by 2 opinions
Appeal from the Stoddard County Circuit Court, John G. Wear, Judge. The amended petition substituted a different cause of action in the circuit court from that which was tried by the justice of the peace. Eev. Stat., sect. 3058; OlarTc v. Smith, 30 Mo. 498; Hansberger v. Railroad, 43 Mo. 196; Beattie v. Hill, 60 Mo. 71; Bandeen v. Railroad, 79 Mo. 278.
1Opinion of the CourtBombauer, J.
This suit was commenced before a justice of the peace on the following statement:
“The plaintiff states that the defendant is indebted to him in the sum of eighty-two dollars and forty-one cents, for ten oak piles thirty-five feet long, and seventeen oak piles forty feet long, making 1,030 feet of. piling at eight cents per foot, amounting to eighty-two dollars and forty cents, for which he asks judgment.”
Judgment was rendered by the justice for the amount claimed, and the defendant appealed.
In the circuit court the plaintiff, by leave of court, filed the following amended statement:
“Now comes…
2Cases cited2 opinions
- McGee v. LarramoreSupreme Court of Missouri · 1872
- Maupin v. TriplettSupreme Court of Missouri · 1838
3Cited by2 opinions
- Rechnitzer v. VogelsangMissouri Court of Appeals · 1906
- Brennan v. McMenamyMissouri Court of Appeals · 1899