Baker v. Raley
Missouri Court of Appeals
Appeal from Schuyler Circuit Court, Hon. Andrew Ellison, J. Statement of case by the court. This action is based on ■ the following petition: “Plaintiff states that on or about the 15th day of November, 1876, one C. C. Fetters, instituted suit by attachment, in this court for debt against David and Francis McElroy, whereby he sought to recover from the •defendants therein $165.00 and costs of suit; that after-wards at the term 187- of this court, said cause was tried and…
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Appeal from Schuyler Circuit Court, Hon. Andrew Ellison, J. Statement of case by the court. This action is based on ■ the following petition: “Plaintiff states that on or about the 15th day of November, 1876, one C. C. Fetters, instituted suit by attachment, in this court for debt against David and Francis McElroy, whereby he sought to recover from the •defendants therein $165.00 and costs of suit; that after-wards at the term 187- of this court, said cause was tried and finally disposed of, and a verdict given for the defendants therein, and judgment rendered therein adjudging plaintiff to…
1Opinion of the Court
Opinion by
Ellison, J.
As to the first point, it is true in some respects, the plaintiff does not make out his case as stated, that is, he alleges the suit was assigned by the plaintiff therein to Raley, while the proof is, it was assigned to one Griggs, and by Griggs assigned to Hughes and Raley, the latter being the defendant here. We do not regard this as a failure of proof of the allegation of the cause of action “in its entire scope and meaning.” It is not more than a variance. Appellant’s authorities *566are not deemed applicable to this case. The case of Faulkner v. Faulkner (73 Mo. 327),…
2Cases cited5 opinions
- Faulkner v. FaulknerSupreme Court of Missouri · 1880
- Pickering v. Mississippi Valley National Telegraph Co.Supreme Court of Missouri · 1871
- House v. LowellSupreme Court of Missouri · 1870
- Hoagland v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1867
- Union Bank v. DillonSupreme Court of Missouri · 1882
3Cited by5 opinions
- Slaughter v. DavenportSupreme Court of Missouri · 1899
- Welsh v. StewartMissouri Court of Appeals · 1888
- Campbell v. Van HoutenMissouri Court of Appeals · 1891
- Ruebsam v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Slaughter v. DavenportMissouri Court of Appeals · 1896