Huffer v. Riley
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. M. Gr. McG-regor, Judge. (1) The court committed error in permitting the plaintiff to amend his complaint in the circuit court by-adding to said complaint an item that was not asked for before the justice of the peace.
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Appeal from the Jasper Circuit Court. — Hon. M. Gr. McG-regor, Judge. (1) The court committed error in permitting the plaintiff to amend his complaint in the circuit court by-adding to said complaint an item that was not asked for before the justice of the peace. R. S. 18S9, sec. 6347. (2) The court committed error in rendering judgment for plaintiff, because the justice had no briginal jurisdiction of this cause, for the reason that the defendant was a married woman at the time of contract, and at the time said suit was begun. Chouteau v. Merry, 3 Mo. 254 ; Bauer v. Bauer, 40 Mo. 61; Bachman…
1Opinion of the CourtGill, J.
This suit originated in a justice’s court, and the amount involved is $45, the agreed price of a buggy and set of harness sold by the plaintiff to defendant. The cause was tried before the justice of the peace, where plaintiff had judgment; the defendant appealed, to the circuit court, where on a trial before the court plaintiff again had judgment in his favor, and defendant thereupon appealed to this court.
I. The first error alleged relates to the action of the circuit court in permitting plaintiff to amend his complaint by adding and inserting the words, “and set of harness,” to the word…
2Cases cited6 opinions
- Rose v. BatesSupreme Court of Missouri · 1848
- Musick v. DodsonSupreme Court of Missouri · 1882
- Heman v. FanningMissouri Court of Appeals · 1888
- Sprague v. FollettSupreme Court of Missouri · 1886
- Gallagher v. DelargySupreme Court of Missouri · 1874
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