Wittenberg v. Fisher
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. Chas. Claflin Allen, Judge. (1) Appellate courts have uniformly extended great flexibility to pleadings in cases commenced before justices, but when such pleading is amended in the circuit court, the latter act must be in conformity to the rules maintaining in such jurisdiction and any modification of the initial contract must be pleaded. Lanitz v. King, 93 Mo. 513; Sims v. Fields, 24 Mo.
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Appeal from St. Louis City Circuit Court.—Hon. Chas. Claflin Allen, Judge. (1) Appellate courts have uniformly extended great flexibility to pleadings in cases commenced before justices, but when such pleading is amended in the circuit court, the latter act must be in conformity to the rules maintaining in such jurisdiction and any modification of the initial contract must be pleaded. Lanitz v. King, 93 Mo. 513; Sims v. Fields, 24 Mo. App. 557. Plaintiff does hot declare on any second contract or new promise, thus he must recover on the original account or not at all. Brescheisen, v. Caffey,…
1Opinion of the Court
NORTON!, J.
This appeal is wholly without merit. Plaintiff sued defendant upon an account and recovered judgment for the amount claimed. From *349this judgment defendant prosecutes the appeal. A jury was waived and the trial had before the court.
There are no instructions in the record for review, save one offered by defendant and refused, through which the court was requested to declare that plaintiff was not entitled to recover under the law and the evidence.
It appears plaintiff is in the wholesale liquor business, and defendant conducted a saloon at Grand avenue and Natural Bridge road in the…
2Cases cited2 opinions
- Phillips v. PhillipsSupreme Court of Missouri · 1891
- Stokes v. MillsMissouri Court of Appeals · 1913
3Cited by2 opinions
- F. Hattersley Brokerage & Commission Co. v. HumesMissouri Court of Appeals · 1916
- Wooldridge v. HopkinsMissouri Court of Appeals · 1926