Carter v. Wamack & Staggs
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. E. C. Cbow, Judge. (1) The omission to file the account before Justice Brock could, under the above quoted statute, be supplied. This is in the nature of an amendment. That which can be amended is not void. R. S. 1889, secs. 6138, 6139; Harclin v. Lee, 51 Mo. 245; Hartv. Louchs, 38 Cal. 372; Parmalee v. Hitchcock, 12 Wend. 96; Cooper v. Reynolds, 10 Wall. 300; Buzzard v. Hapeman, 61 Mo. App. 464. This is “on all fours.”
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Appeal from the Jasper Circuit Court. — Hon. E. C. Cbow, Judge. (1) The omission to file the account before Justice Brock could, under the above quoted statute, be supplied. This is in the nature of an amendment. That which can be amended is not void. R. S. 1889, secs. 6138, 6139; Harclin v. Lee, 51 Mo. 245; Hartv. Louchs, 38 Cal. 372; Parmalee v. Hitchcock, 12 Wend. 96; Cooper v. Reynolds, 10 Wall. 300; Buzzard v. Hapeman, 61 Mo. App. 464. This is “on all fours.” (2) When the case reached Justice Strother by change ■of venue he was authorized and required to “proceed with the same in a like…
1Opinion of the CourtSmith, P. J.
This is an action brought before a justice of the peace, to recover $3.50 for work and labor. There was no bill of items of the account filed with the justice before whom the suit was brought. On the return day of the summons, the defendants appeared and applied for and obtained a change of the venue of the cause to another justice. On the day the cause was set for trial before the latter justice, the defendants generally appeared and filed a motion to dismiss the action, because the plaintiff had not filed a bill of items of his .account. Pending the motion, the plaintiff filed a proper…
2Cases cited8 opinions
- Fitterling v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
- Feedler v. SchroederSupreme Court of Missouri · 1875
- Boulware v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Gant v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1883
- Brandenburger v. EasleySupreme Court of Missouri · 1883
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3Cited by5 opinions
- In re FordMissouri Court of Appeals · 1911
- King v. KingMissouri Court of Appeals · 1898
- In re JonesMissouri Court of Appeals · 1901
- Julian v. Kansas City Star Co.Supreme Court of Missouri · 1908
- White v. Missouri Pacific RailroadMissouri Court of Appeals · 1903