Stevens v. Earll
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. David E. Blair, Judge. (1) Section 7481, Revised Statutes 1909, provides: “Either party shall be entitled to a change of venue in any civil cause pending before a justice of the peace, if he shall, before the jury is sworn, or the trial is commenced before the justice, file an affidavit,” etc.
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Appeal from Jasper Circuit Court. — Hon. David E. Blair, Judge. (1) Section 7481, Revised Statutes 1909, provides: “Either party shall be entitled to a change of venue in any civil cause pending before a justice of the peace, if he shall, before the jury is sworn, or the trial is commenced before the justice, file an affidavit,” etc. The cause pending referred to in the section above quoted does not mean the cause of action sued upon, but refers to and means the case pending, the action pending, the suit pending. (2) Cause pending is not synonymous with cause of action, but cause and case are…
1Opinion of the CourtNixon, P. J.
Respondent brought an action against Tofeck Mahmood and Ollie Mahmood in the court of A. J. Earll, the appellant herein, a justice of the peace in Jasper county, upon an account for merchandise alleged to have been sold and delivered but never paid for. In aid of his suit, respondent had *464an attachment as the statute provides (section 2294, Revised Statutes 1909). The Mahmoods filed a plea in abatement of the attachment (under section 7644, Revised Statutes 1909), and on the issues thus raised requested and had a jury which on the trial returned a verdict finding for the plaintiff, Stevens,…
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- Holthaus v. HartMissouri Court of Appeals · 1880
- Curtis v. MooreSupreme Court of Minnesota · 1859
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