Lee v. Dunn
Missouri Court of Appeals
Error to the Wayne Circuit Court, Hon. John Gf. Wear, Judge. •(1) The amended statements were departures one from the other, and the last was an abandonment of the original one, and a new cause of action in itself. (2) The non-suit taken was voluntary and unnecessary, and ought not to have been set aside. Eev.
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Error to the Wayne Circuit Court, Hon. John Gf. Wear, Judge. •(1) The amended statements were departures one from the other, and the last was an abandonment of the original one, and a new cause of action in itself. (2) The non-suit taken was voluntary and unnecessary, and ought not to have been set aside. Eev. Stat., sec! 3556, and note (w) of cases, 32 Mo. 542 ; 57 Mo. 329 ; 21 Mo. 93 ; 54 Mo. 415; 60 Mo. 17. (3) The withdrawal of the submission to the j'ury, by the circuit court, was without warrant. Const, of Mo., art. 2, sec. 28; Eev. Stat., secs. 3602, 3606, and note (i) cases, 26 Mo.…
1Opinion of the Court
Rombauer, J.,
delivered the-opinion of the court.
The plaintiff recovered judgment in the circuit court for one hundred and six and eighty one-hundredths dollars. The defendant, appealing, assigns for error the rulings of the court in refusing to strike out plaintiff ’ s amended statement, in referring the cause after a jury was impaneled for its trial, and in overruling his exceptions to the referee’s report. •
The action was instituted before a justice of the peace on the following statement:
“John Dunn to A. Lee, Dr.
“To balance on settlement......,........$121.94
Interest on same for two years…
2Cases cited2 opinions
- Hornblower v. CrandallMissouri Court of Appeals · 1879
- Hornblower v. CrandallSupreme Court of Missouri · 1883
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