Dowdy v. Womble

(dissenting) — In this case the question for decision is, whether the circuit court erred in refusing to allow the plaintiff to amend a statement in an action of replevin, commenced before a justice of the peace, which statement was defective in this: That, while it alleged that the chattels were wrongfully detained from the plaintiff, it omitted to allege that they were thus detained from him by the defendant, as required by the statute. The observation of Judge Napton in Gist v. Loring, 60 Mo. 487, 489, where the statement, omitted two grounds prescribed by the statute, characterizing the…