Long Bros. v. Bolen Coal Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. L. Scakkitt, Judge. . (1) Plaintiffs were not authorized under the statute to amend their statement in the circuit court so as to change their cause of action from the one embraced in the original account or statement. R. S. 1889, section 6347; Sturges v. Botts, 24 Mo. App. 282; Gregory v. Railroad,, 20 Mo.
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Appeal from the Jackson Circuit Court. — Hon. E. L. Scakkitt, Judge. . (1) Plaintiffs were not authorized under the statute to amend their statement in the circuit court so as to change their cause of action from the one embraced in the original account or statement. R. S. 1889, section 6347; Sturges v. Botts, 24 Mo. App. 282; Gregory v. Railroad,, 20 Mo. App. 448. (2) The tenancy was one from month to month, beginning on the first of one month and extending to the first of the following month. R. S. 1889, section 6371; Griffith v. Lewis, 17 Mo. App. 605; Hammon v. Douglas, 50 Mo. 434; Taylor…
1Opinion of the CourtSmith, P. J.
— This is a suit, commenced before a justice of the peace, to recover rent. The defendant had judgment before the justice. The plaintiffs filed an affidavit and bond for an appeal. The former was proper while the latter omitted the name of the defendant as obligee therein. The justice’s docket did not show that an appeal had been granted but recited “that the plaintiff files affidavit asking for change of venue and a change of venue allowed to the circuit court of Jackson county.” The affidavit and bond were filed with the justice in time to entitle plaintiffs to an appeal. The justice…
2Cases cited2 opinions
- Welsh v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1894
- Johnson v. Payne & Williams BankMissouri Court of Appeals · 1894
3Cited by3 opinions
- Williams v. KirbySupreme Court of Missouri · 1902
- Ford v. GrayMissouri Court of Appeals · 1908
- Lowry v. PhillipsMissouri Court of Appeals · 1894