Peddicord v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Lafayette Circuit Court.—Hon. Jno. P* Strother, Judge. (1) The statute relating to amendments cannot be construed so as to- authorize a judgment against a party not brought into court by a summons as required by law. (2) The court erred in overruling the defendant’s demurrer to the evidence at the close of the case.
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Appeal from Lafayette Circuit Court.—Hon. Jno. P* Strother, Judge. (1) The statute relating to amendments cannot be construed so as to- authorize a judgment against a party not brought into court by a summons as required by law. (2) The court erred in overruling the defendant’s demurrer to the evidence at the close of the case. By plaintiff’s own testimony it appears that his bull was a trespasser upon the land of Stewart, and he failed to show that the partition fence between the two pastures was not a lawful one. Berry v. Ry., 65 Mo. 172; Harrington v. Ry., 71 Mo. 384.
1Opinion of the Court
Ewing, C.
The record in this case shows it to have been a proceeding by the plaintiff herein and against the defendant before a justice. The transcript of the justice of the peace shows that “complaint was filed, sum*161mons issued * * * returned, served as the law directs,” etc., but the record does not contain a copy of the complaint before the justice, nor does it contain a copy of the summons or'the constable5 s return thereon. There was judgment before the justice by default; then an appeal to the circuit court, where upon motion of the plaintiff the court granted him leave to file an amended…
2Cases cited3 opinions
- Harrington v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Berry v. St. Louis, Salem & Little Rock R. R.Supreme Court of Missouri · 1877
- Johnson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
3Cited by17 opinions
- Atchison, T. & S. F. R. v. ReesmanCourt of Appeals for the Eighth Circuit · 1894
- Madison v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1895
- Ferris v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1888
- American Central Insurance v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1898
- Emmerson v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1889
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