Wilkinson v. Metropolitan Insurance
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fishek, Judge. (1) A statement filed in a justice’s court, to be sufficient, must advise the defendant of the nature of the claim, and be sufficiently specific to be a bar to another action. The statement will be insufficient if it does not state the facts upon which the demands against the defendant is founded.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fishek, Judge. (1) A statement filed in a justice’s court, to be sufficient, must advise the defendant of the nature of the claim, and be sufficiently specific to be a bar to another action. The statement will be insufficient if it does not state the facts upon which the demands against the defendant is founded. Brashears v. Stock, 46 Mo. 221; Swartz _v. Nicholson, 65 Mo. 508; Iba v. Railroad, 45 Mo. 469; Razor v. Railroad, 73 Mo. 471; Butts v. Phelps, 79 Mo. 302; Hill v. St. Louis Ore and Steel Co., 90 Mo. 103. (2) Where one of…
1Opinion of the CourtBiggs, J.
— This action originated before a justice of the peace. The plaintiff filed the following statement: “Plaintiff states that on or about the ninth day of December, 1889, he, as the employer of one Ashley Roberts, did insure the said Ashley Roberts with the said company defendant in the sum of $196, which is evidenced by their policy number 5,362,931, which is herewith filed and made part of this petition, for which insurance he, the said Wilkinson, plaintiff herein, did pay all premiums due on the life of said Roberts up to the time of his death, which occurred in the month of July, 1891. That…
2Cases cited1 opinion
- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
3Cited by5 opinions
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- Darnell v. LaffertyMissouri Court of Appeals · 1905
- H. A. Johnson & Co. v. Springfield Ice & Refrigerating Co.Missouri Court of Appeals · 1910
- Doggett v. BlankeMissouri Court of Appeals · 1897
- Collins v. BurrusMissouri Court of Appeals · 1896