Schworer v. Christophel
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. PembrookR. Elitoraft, Judge. The court erred in permitting the amendment of the original petition. In actions of unlawful entry and detainer, no amendment of the original petition essentially changing the description of the property will be permitted in the circuit court on appeal from a justice. Scovill v. Glassner, 79 Mo. 449; Sehworer v. Christophel, 64 Mo. App. 81; Doiudly v. Wamble, 110 Mo. 280; Gistv.
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Appeal from the St. Louis City Circuit Court. — Hon. PembrookR. Elitoraft, Judge. The court erred in permitting the amendment of the original petition. In actions of unlawful entry and detainer, no amendment of the original petition essentially changing the description of the property will be permitted in the circuit court on appeal from a justice. Scovill v. Glassner, 79 Mo. 449; Sehworer v. Christophel, 64 Mo. App. 81; Doiudly v. Wamble, 110 Mo. 280; Gistv. Loring, 60 Id. 487; Madhins. v. Trice, 65 Id. 656; Haggard v. B. B., 63 Id. 302; Ha/nsberger v. B. B., 43 Id. 196; Dean v. Trax, 67 Mo.…
1Opinion of the CourtBond, J.
This action is for unlawful entry and detainer. ’ Plaintiff had judgment before the justice, from which defendant appealed to the circuit court, where plaintiff had judgment by default, which being vacated he appealed to this court, where his appeal was dismissed and the cause remanded for trial, whereat plaintiff had judgment, from which this appeal is.prosecuted by defendants.
and detainer: appéalf ment or complaint. It is insisted that the circuit court .erred in permitting plaintiff to amend his complaint, containing a description -of a lot twenty-five feet by one hundred and thirty-two…
2Cases cited1 opinion
- Schwoerer v. ChristophelMissouri Court of Appeals · 1895
3Cited by2 opinions
- Safety Savings & Loan Ass'n v. WilliamsMissouri Court of Appeals · 1934
- Maniaci v. HutchingsMissouri Court of Appeals · 1979