Maurer v. Phillips
Missouri Court of Appeals
Appeal from Barton County Circuit Court. — Ho». B. G. Thurman, Judge. (1) The amended affidavit is a complete change of the cause of action tried before the justice of the peace. An affidavit in an attachment suit is the basis of the cause of action, so far as the plea in abatement is concerned. R. S. 1909, Secs. 2296, 2298 and 2299; Durnin v. Waddington, 12 Mo. App. 145; Thieman v. Goodnight, 17 Mo. App. 429; Faulkner v. Faulkner, 73 Mo. 327; Deyerle v. Hunt, 50 Mo.
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Appeal from Barton County Circuit Court. — Ho». B. G. Thurman, Judge. (1) The amended affidavit is a complete change of the cause of action tried before the justice of the peace. An affidavit in an attachment suit is the basis of the cause of action, so far as the plea in abatement is concerned. R. S. 1909, Secs. 2296, 2298 and 2299; Durnin v. Waddington, 12 Mo. App. 145; Thieman v. Goodnight, 17 Mo. App. 429; Faulkner v. Faulkner, 73 Mo. 327; Deyerle v. Hunt, 50 Mo. App’. 541; Scoville v. Glasner, 79 Mo. 449; Webb v. Tweedie, 30 Mo. 488 ; Clark v. Smith, 39 Mo. 498 ; Beattie v. Hill, 60 Mr.…
1Opinion of the CourtSturgis, J.
This suit was commenced in a justice of the peace court in Barton county, Missouri, by plaintiffs filing therein two promissory notes executed by the defendants for $77, each. One of these notes is payable to plaintiff, L. Maurer, and the other to one D. K. Griffin. It appears that plaintiff and Griffin had at sometime been partners and it is likely that these notes grew out of the partnership business. It is admitted that D. K. Griffin had been dead for some years and that the partnership business had been long since fully settled. Just how plaintiff came to have the Griffin note is not…
Also in this document: Concurrence.
2Cases cited17 opinions
- Payne v. O'SheaSupreme Court of Missouri · 1884
- Jones v. HartSupreme Court of Missouri · 1875
- Hargadine v. Van HornSupreme Court of Missouri · 1880
- Burnett v. McClueySupreme Court of Missouri · 1887
- Bray v. McClurySupreme Court of Missouri · 1874
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3Cited by2 opinions
- Mahan v. BaileSupreme Court of Missouri · 1948
- Shelton v. SmithMissouri Court of Appeals · 1924