Phares v. Jaynes Lumber Co.
Missouri Court of Appeals
Appeal from Pettis County Circuit Court. — Hon. Louis Hof man, Judge. (1) The pretended statement of plaintiff’s cause of action was and is insufficient to> confer jurisdiction, or to advise the defendants of the nature of the charge against them. Weese v. Brown, 28 Mo. 521; McCary v. Good, 74 Mo. App.. 425; Drug Co. v. Johnson, 80- Mo. App. 428. (2) The original paper filed with the justice was about as near no statement as could well be made.
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Appeal from Pettis County Circuit Court. — Hon. Louis Hof man, Judge. (1) The pretended statement of plaintiff’s cause of action was and is insufficient to> confer jurisdiction, or to advise the defendants of the nature of the charge against them. Weese v. Brown, 28 Mo. 521; McCary v. Good, 74 Mo. App.. 425; Drug Co. v. Johnson, 80- Mo. App. 428. (2) The original paper filed with the justice was about as near no statement as could well be made. As the statement was a nullity there was nothing to amend. Brashears v. Strock, 46 Mo. 221; Sidway v. Live Stock Co., 163 Mo. 373; Lamb v. Bush, 49…
1Opinion of the Court
JOHNSON, J.--
This suit originated before a justice of the peace. A trial in the circuit court resulted in a judgment for plaintiff and defendants appealed.
Plaintiff, a lumber dealer at Sedalia, ordered a car of lumber of defendants, wholesale dealers doing business in Minneapolis under the name of Jaynes Lumber Co., and in the order specified the classes, quality and dimensions of the material desired. The order was accepted, but it happened that defendants were not able to fill it out of their own stock and in turn ordered it of another wholesale dealer in Chicago with directions for direct…
2Cases cited18 opinions
- Cahn v. ReidMissouri Court of Appeals · 1885
- Brashears v. StrockSupreme Court of Missouri · 1870
- Estes v. ReynoldsSupreme Court of Missouri · 1882
- Branson v. TurnerSupreme Court of Missouri · 1883
- Tower v. PaulyMissouri Court of Appeals · 1892
13 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Caffey v. Alabama MacHinery & Supply Co.Alabama Court of Appeals · 1922
- Kingman-Moore Implement Co. v. EllisMissouri Court of Appeals · 1907
- Laumeier v. DolphMissouri Court of Appeals · 1910
- Union Brewing Co. v. EhlhardtMissouri Court of Appeals · 1909
- Waldman Produce, Inc. v. Frigidaire Corp.Appellate Terms of the Supreme Court of New York · 1935
6 more not listed; retrieve them via the Exa API.