Eubank v. Pope, Lockwood & Co.
Missouri Court of Appeals
Appeal from the Knox County Circuit Court, Ben. E. Turner, Judge. In this action an amendment can not be made on appeal to make jurisdictional facts appear. McQuoid v. Lamb, 19 Mo. App. 153. A person will not, on appeal, be permitted to change the theory on which the cause was tried below. Whetstone v. Sham, 70 Mo. 575; Sumner v. Rogers, 90 Mo. 330; Walker v. Owen, 79 Mo. 568; Nance «. Metcalf, 19 Mo. App. 183. The appeal cured the defects of service.
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Appeal from the Knox County Circuit Court, Ben. E. Turner, Judge. In this action an amendment can not be made on appeal to make jurisdictional facts appear. McQuoid v. Lamb, 19 Mo. App. 153. A person will not, on appeal, be permitted to change the theory on which the cause was tried below. Whetstone v. Sham, 70 Mo. 575; Sumner v. Rogers, 90 Mo. 330; Walker v. Owen, 79 Mo. 568; Nance «. Metcalf, 19 Mo. App. 183. The appeal cured the defects of service. Hulett v. Nugent, 71 Mo. 131, 135 ; Reddick v. Newburn, 76 Mo. 423Fitterling v. Railroad, 79 Mo. 504. The amendment did not change the cause of…
1Opinion of the CourtLewis, P. J.
The plaintiff, a livery-stable keeper in the city of Edina, sued before a justice for damages sustained by the over-driving of a pair of horses and buggy by the defendants’ servants. From the justice’s judgment the defendants appealed to the circuit court, where the plaintiff again obtained a verdict and judgment.
The defendants are a business firm, resident in the state of Illinois, and having a business office in Edina, Missouri, where their business is carried on by I. H. Willis, an agent, charged with general powers for that purpose. The constable made return that he had served the summons…
2Cases cited4 opinions
- Manz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1885
- Minter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Gant v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1883
- King v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1883
3Cited by6 opinions
- Witting v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1887
- Meyer v. Phenix InsuranceMissouri Court of Appeals · 1902
- Fitzpatrick v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
- Rippee v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1897
- Holman v. KerrMissouri Court of Appeals · 1891
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