Finley v. Dyer
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. Tbe question as to tbe sufficiency of tbe statement of account filed before a justice and upon wbicb tbe action is based, is now raised on tins appeal for tbe first time. Appellant not having either presented or urged this question in tbe lower court, bis objection now comes too' late.
Read the full summary
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Valliant, Judge. Tbe question as to tbe sufficiency of tbe statement of account filed before a justice and upon wbicb tbe action is based, is now raised on tins appeal for tbe first time. Appellant not having either presented or urged this question in tbe lower court, bis objection now comes too' late. Tbe statement of tbe account as filed, whilst not as full as perhaps it should be, is a compliance with tbe provisions of section 6138, Revised Statutes 1889, wbicb says: * * * “or a statement of tbe account.” * * * It being a…
1Opinion of the CourtBland, P. J.
This suit was brought before a justice of tbe peace on tbe following account:
“John R. Dyer, to O. E. Finley and L. S. Holden.
“1896.
“To commission on exchange of prpperties between you and W. O. Irwin and others............$425.00”
Plaintiffs recovered judgment before the justice, from which defendant appealed. In tbe circuit court on a trial de novo before tbe judge sitting as a jury tbe plaintiffs again recovered judgment, from which defendant perfected bis appeal to this court.
Appellant now contends, for tbe first time, that tbe account is indefinite, uncertain and insufficient. These…
2Cases cited4 opinions
- Gelatt v. RidgeSupreme Court of Missouri · 1893
- Lemon v. LloydMissouri Court of Appeals · 1891
- Strathmann v. GorlaMissouri Court of Appeals · 1883
- Early v. FlemingSupreme Court of Missouri · 1852
3Cited by6 opinions
- Sallee v. McMurryMissouri Court of Appeals · 1905
- Brown v. SmithMissouri Court of Appeals · 1905
- Rundelman v. John O'Brien Boiler Works Co.Missouri Court of Appeals · 1913
- Bassford v. WestMissouri Court of Appeals · 1907
- Norton v. AllenMissouri Court of Appeals · 1928
1 more not listed; retrieve them via the Exa API.