Brashears v. Strock
Supreme Court of Missouri
Appeal from Fourth District Court. I. The account filed before the justice was insufficient, and gave the court no jurisdiction. ■ (Gen. Stat. 1865, p. 701, §§ 12, 13 ; Casey v. Clark, 2 Mo. 12; Odie v. Clark, id. 13 ; Wathen v. Parr, 8 Mo. 324.) II. The Circuit Court had no authority to allow the plaintiff to file a new statement and cause of action on appeal, but must try the same cause of action that was tried before the justice, and no other.
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Appeal from Fourth District Court. I. The account filed before the justice was insufficient, and gave the court no jurisdiction. ■ (Gen. Stat. 1865, p. 701, §§ 12, 13 ; Casey v. Clark, 2 Mo. 12; Odie v. Clark, id. 13 ; Wathen v. Parr, 8 Mo. 324.) II. The Circuit Court had no authority to allow the plaintiff to file a new statement and cause of action on appeal, but must try the same cause of action that was tried before the justice, and no other. The cause of action can not be changed. (Gen. Stat. 1865, p. 724, § 18; Webb v. Tweedie, 30 Mo. 488 ; Clark v. Smith, 39 Mo. 498; Iliyisberger v.…
1Opinion of the CourtBliss, Judge
The plaintiff brought suit against defendants before a justice of the peace, and filed the folloAving statement:
“M. S’. Smock, A. Seibert, H. Garlock, Jesse Hall, John G. Kelly,
“To Richard Brashears.$50. To fifty dollars.”
Upon the trial he verbally charged them Avith violating a contract to take a kiln of brick he Avas to burn for them, and obtained a judgment for $50, from Avhich defendants appealed. In the Circuit Court the plaintiff, on leave, amended his statement to read as follows :
“Hiram Strock, John Kelly, Haeey Garlock, Jesse Hall, and Aaroh Seibert,
In account Avith Richard M.…
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