White v. Missouri Pacific Railroad
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — How. Geo. F. Longan, Judge. The statement upon which both parties appeared and tried the-cause before the justice, being sufficient, the circuit court should not have dismissed plaintiff’s .suit; but should have given plaintiff a trial on the merits. Carter v. Womack & Staggs, 64 Mo. App. 388; Buzzard v. Hapeman, 61 Mo. App. 464.
1Opinion of the CourtEllison, J.
This is an action on an account begun before a justice of the peace. Judgment was there rendered for plaintiff, but on appeal to the circuit court, the case was dismissed on defendant’s motion and plaintiff thereupon appealed.
It appears that plaintiff filed what he termed a statement of his account before the justice of the peace and sued out a summons for defendant. This statement is said by defendant to have been so defective and incomplete as not to require defendant toanswer thereto. On the return day of the summons (June 28th) both parties appeared and the cause was continued to August…
2Cases cited2 opinions
- Turney v. EwinsMissouri Court of Appeals · 1903
- Carter v. Wamack & StaggsMissouri Court of Appeals · 1896