Peery v. Quincy, Omaha & Kansas City Railroad
Missouri Court of Appeals
Appeal from. Grundy Circuit Court. — Ron. Geo. W. WannemalcerJudge. (1) The trial court erred in overruling defendant’s motion to strike out the amended statement. The second count of the statement contained a new and entirely different cause of action than the one the case was tried on in the justice’s court, and the case was tried on one cause of action in the justice’s court and a different one in the circuit court. R. S. 1899, secs. 4077, 4079; Rippe v. Railroad, 71 Mo.
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Appeal from. Grundy Circuit Court. — Ron. Geo. W. WannemalcerJudge. (1) The trial court erred in overruling defendant’s motion to strike out the amended statement. The second count of the statement contained a new and entirely different cause of action than the one the case was tried on in the justice’s court, and the case was tried on one cause of action in the justice’s court and a different one in the circuit court. R. S. 1899, secs. 4077, 4079; Rippe v. Railroad, 71 Mo. App. 557,154 Mo. 358; Gurley v. Railroad, 93 Mo. 445; Jackson v. Fulton, 87 Mo. App. 238; Gregory v. Railroad, 20 Mo.…
1Opinion of the CourtJohnson, J.
Action begun in a justice court to recover double damages under section 1105, Revised Statutes 1899, for the killing of a heifer. A trial in the circuit court resulted in a verdict for plaintiff in the sum of $22.50; judgment was entered for double that amount and defendant brought the case here on a writ of error.
In the statement filed when the action was brought, the cause of action pleaded is the act of defendant described in the following averment: “That defendant on said 30th day of May, 1904 (the date the animal was killed), and for a long time prior thereto, failed and neglected to…
2Cases cited18 opinions
- Brinkman v. HunterSupreme Court of Missouri · 1880
- Litton v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1905
- Roberts v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1891
- Oyler v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1905
- Duncan v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
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3Cited by3 opinions
- Flaherty v. Butte Electric Railway Co.Montana Supreme Court · 1911
- Elder v. Idaho-Washington Northern RailroadIdaho Supreme Court · 1914
- Murphy v. St. Louis & Southwestern RailroadMissouri Court of Appeals · 1910