Nutter v. Houston
Missouri Court of Appeals
Appeal from Cass Circuit Court. — Hon. C. W. Sloan, Judge. The case is stated in the opinion. The court should have sustained defendant’s objection to the introduction of any testimony on the statement because it is insufficient, and the evidence does not support it, neither is it a sufficient “ statement of the facts constituting the cause of action.” R. S., sec. 2851; Butts v. Phelps, 79 Mo. 302 ; Watkins v. Donnelly, 88 Mo. 322, and cases cited ; Rosenburg v. Boyd, 14 Mo.
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Appeal from Cass Circuit Court. — Hon. C. W. Sloan, Judge. The case is stated in the opinion. The court should have sustained defendant’s objection to the introduction of any testimony on the statement because it is insufficient, and the evidence does not support it, neither is it a sufficient “ statement of the facts constituting the cause of action.” R. S., sec. 2851; Butts v. Phelps, 79 Mo. 302 ; Watkins v. Donnelly, 88 Mo. 322, and cases cited ; Rosenburg v. Boyd, 14 Mo. App. 429 ; Weese v. Brown, 28 Mo. App. 521. The court did not err in overruling defendant’s objection to the…
1Opinion of the CourtRamsay, J.
— Plaintiff began this suit before J. W. Graham, a justice of the peace of Grand River township in Cass county, Missouri. The statement filed, and on which the case was tried, is as follows : “ T. J. Nutter, plaintiff, vs. W. T. Houston, defendant. For the service of the season of 1887, two mares, balance, $18.00.” *453The trial in the justice’s court resulted in a judgment for defendant, from which plaintiff appealed to the circuit court of Cass county, where the case was tried before the court, without the intervention of a jury. At the trial defendant’s counsel objected to the introduction of…
2Cases cited5 opinions
- Butts v. PhelpsSupreme Court of Missouri · 1883
- Brashears v. StrockSupreme Court of Missouri · 1870
- Swartz v. NicholsonSupreme Court of Missouri · 1877
- Rosenburg v. BoydMissouri Court of Appeals · 1883
- Weese v. BrownMissouri Court of Appeals · 1888
3Cited by5 opinions
- Sone ex rel. Road District No. 11 v. WallendorpSupreme Court of Missouri · 1905
- Leas v. Pacific Express Co.Missouri Court of Appeals · 1891
- Nutter v. HoustonMissouri Court of Appeals · 1890
- Redmon v. Chicago, Rock Island & Pacific RailroadCourt of Appeals of Kansas · 1901
- Glenn v. WearyMissouri Court of Appeals · 1896