Warner v. Close
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. Hugh Dabbs, Judge. (1) Appellant insists that the court erred in failing to sustain his motion to dismiss plaintiff’s suit for the reason that no statement or petition or pleading on 'which to base a cause of action was filed by the plaintiff. Brashears v. Strock, 46 M'o. 221; Metter y. Houston, 32 Mo. App. 451; Weese v. Brown, 28 Mo. App. 251; Butts y. Phelps, 79 Mo.
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Appeal from Jasper Circuit Court. — Eon. Hugh Dabbs, Judge. (1) Appellant insists that the court erred in failing to sustain his motion to dismiss plaintiff’s suit for the reason that no statement or petition or pleading on 'which to base a cause of action was filed by the plaintiff. Brashears v. Strock, 46 M'o. 221; Metter y. Houston, 32 Mo. App. 451; Weese v. Brown, 28 Mo. App. 251; Butts y. Phelps, 79 Mo. App. 303; Swartz v. Nicholson, 65 Mo. 508; Rosenburg v. Boyd, 14 Mo. App. 429; Nenno v. Railroad, 105 Mo. App. 1. c. 551; White v. Railroad, 72 Mo. App. 400; Bank v. Doak, 75 Mo. App.…
1Opinion of the CourtBroaddus, P. J.
This suit originated in a justice’s court where the plaintiff filed the following account: “July 7, 1904, F. D. Close, Carl Junction, Mo., to A. J. Warner, Dr.: Jan. 1, 1904. To balance due on settlement $170.75; Int. $5.20 — $175.95.” The defendant *213filed a motion to dismiss plaintiff’s suit because Ms statement -was not sufficient as a basis for a cause of action, which the court • overruled. But before trial plaintiff filed an amended statement as follows:
“Fred D. Close to A. J. Warner to agreed balance on settlement July 21, 1902, $10.45.
“To labor, repair work, and services as salesman…
2Cases cited6 opinions
- Dowdy v. WambleSupreme Court of Missouri · 1892
- Brashears v. StrockSupreme Court of Missouri · 1870
- Douglass v. HillSupreme Court of Kansas · 1883
- Watkins v. DonnellySupreme Court of Missouri · 1885
- Keene v. SappingtonMissouri Court of Appeals · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Union Brewing Co. v. EhlhardtMissouri Court of Appeals · 1909
- Jarrett v. MohanMissouri Court of Appeals · 1910
- Paine v. O'DonnellMissouri Court of Appeals · 1915
- Digges & Garanflo v. PhillipsMissouri Court of Appeals · 1911
- Seaver v. RayMissouri Court of Appeals · 1909
1 more not listed; retrieve them via the Exa API.