Bick v. Vaughn
Missouri Court of Appeals
Appeal from Monroe Circuit Court. — Eon. David H. Eby, Judge. The second amended petition of appellant was an amendment of the original petition filed in this 'cause under the two tests laid down by the courts of this State-. Líese v. Meyer, 143 Mo. 1. c. 555; Haines v. Pearson, 107 Mo.
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Appeal from Monroe Circuit Court. — Eon. David H. Eby, Judge. The second amended petition of appellant was an amendment of the original petition filed in this 'cause under the two tests laid down by the courts of this State-. Líese v. Meyer, 143 Mo. 1. c. 555; Haines v. Pearson, 107 Mo. App..l. c. 484; Grigsby v. Barton Co.., 169 Mo. 1. c. 225. The second amended petition was clearly a suit upon a judgment had before a justice of the peace of Audrain county, while the amended petition was clearly a proceeding to revive the lien of a judgment had before a justice of the peace of Monroe county.…
1Opinion of the CourtNortoni, J.
This is a suit on a judgment. There were two amended petitions filed. On defendant’s motion, the second amended petition wTas stricken from the files. From this action of the court, plaintiff having excepted and preserved his exceptions by bill duly filed, prosecuted this appeal. It appears the court regarded the cause of action stated in the second amended petition as a substitute for that theretofore relied upon, and on this theory, sustained defendant’s motion to strike it from the files.
The original petition is inartistically drawn. The fact is, it is exceedingly informal. It - was…
2Cases cited14 opinions
- Cross v. GouldMissouri Court of Appeals · 1908
- Liese v. MeyerSupreme Court of Missouri · 1898
- Sutton v. ColeSupreme Court of Missouri · 1900
- Sauter v. LeveridgeSupreme Court of Missouri · 1890
- Black v. RogersSupreme Court of Missouri · 1882
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ingwerson v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1910
- Reyburn v. HandlanMissouri Court of Appeals · 1912
- King v. HayesMissouri Court of Appeals · 1928
- Strunk v. Commercial Plastics Co.Missouri Court of Appeals · 1990
- Longlett v. EisenbergMissouri Court of Appeals · 1928
3 more not listed; retrieve them via the Exa API.