Nutter v. Houston
Missouri Court of Appeals
Appeal from the Cass Circuit Court. — Hon. Oiias. W. Sloan, Judge. (1) Section 2916 of Revised Statutes, 1889, and section 986 of Revised Statutes, 1879, in express terms, authorized the clerk and sheriff to file the foregoing motion for costs. (2) A final judgment was rendered against White and Haynes, on their motion for costs. They appealed the case to this court in due form, after judgment had been rendered in favor of plaintiff and against said W. T. Houston.
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Appeal from the Cass Circuit Court. — Hon. Oiias. W. Sloan, Judge. (1) Section 2916 of Revised Statutes, 1889, and section 986 of Revised Statutes, 1879, in express terms, authorized the clerk and sheriff to file the foregoing motion for costs. (2) A final judgment was rendered against White and Haynes, on their motion for costs. They appealed the case to this court in due form, after judgment had been rendered in favor of plaintiff and against said W. T. Houston. (3) Rule 14 of the court below will be found on pages 3 and 4 of the supplemental abstract herein. After defendant refused to…
1Opinion of the CourtEulison, J.
This action was brought on the following account: “T. J. Nutter, plaintiff, vs. W. T. Houston, defendant. For the services of the season of 1887, two mares, balance, eighteen dollars.” Plaintiff was successful below, and on appeal here the cause was remanded, the account being considered no statement of a cause of action before a justice of the peace. 32 Mo. App. 451.
Plaintiff then filed in the circuit court the following amended statement:
*366“ State oe Missouri, 1 “County of Cass, f ‘
In the Circuit Court, May Term, 1889.
“ Thomas Nutter, Plaintiff, vs. “W. T. Houston, Defendant.
“Plaintiff for…
2Cases cited5 opinions
- Butts v. PhelpsSupreme Court of Missouri · 1883
- Gregory v. WabashMissouri Court of Appeals · 1886
- Heman v. FanningMissouri Court of Appeals · 1888
- Sturges v. BottsMissouri Court of Appeals · 1887
- Nutter v. HoustonMissouri Court of Appeals · 1888
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- Brennan v. McMenamyMissouri Court of Appeals · 1899
- Bank of Osceola v. OuthwaiteMissouri Court of Appeals · 1892
- Magoon v. O'ConnorMissouri Court of Appeals · 1908