Turner v. Bondalier
Missouri Court of Appeals
Appeal from Cole Circuit Court, Hon. E. L, Edwards, Judge. The case is stated, m the opinion. I. The statement and affidavit filed before the justice was sufficient. The affidavit could be made by an agent. Rev. Stat., sec. 2882 ; Johnson v. Mason, 16 Mo. App. 273. II. The omission to state that the property had been injured, how and in what manner, was an immaterial omission. It was not a jurisdictional fact necessary to be stated. Reigert v. Voelker, 6 Mo.
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Appeal from Cole Circuit Court, Hon. E. L, Edwards, Judge. The case is stated, m the opinion. I. The statement and affidavit filed before the justice was sufficient. The affidavit could be made by an agent. Rev. Stat., sec. 2882 ; Johnson v. Mason, 16 Mo. App. 273. II. The omission to state that the property had been injured, how and in what manner, was an immaterial omission. It was not a jurisdictional fact necessary to be stated. Reigert v. Voelker, 6 Mo. App. 53; Berry v. Kaufman, 70 Mo. 187. III. The court erred in not permitting the plaintiff, at least to file the amended statement and…
1Opinion of the CourtEllison, J.
This is an action of replevin. The plaintiff is a minor, and in the statement filed with the justice of the peace before whom the case originated, he asked the appointment of “a next friend.” Such appointment was made, on the day of trial.
On appeal to the circuit court, defendants filed a motion to dismiss the action; pending this motion, plaintiff asked leave to file an amended statement, which was refused, and the motion to dismiss sustained. Judgment wa's then rendered for defendants, and plaintiff ’s motion to set the same aside having been overruled, he appealed to this court.
The…
2Cases cited7 opinions
- Dexter v. HallSupreme Court of the United States · 1873
- Fonda v. Van HorneNew York Supreme Court · 1836
- Mitchell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Hastings v. DollarhideCalifornia Supreme Court · 1864
- Armitage v. WidoeMichigan Supreme Court · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Ex Rel. Dyer Ex Rel. Dyer v. Union Electric Co.Missouri Court of Appeals · 1958
- Tegler v. MitchellMissouri Court of Appeals · 1891
- Wagoner Undertaking Co. v. JonesMissouri Court of Appeals · 1908
- Elsea v. BassMissouri Court of Appeals · 1934
- South Missouri Land Co. v. JeffriesMissouri Court of Appeals · 1890
3 more not listed; retrieve them via the Exa API.