Ver Steeg v. Becker-Moore Paint Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. O’Neill Ryan, Judge. (1) This complaint, not having been sworn to, is fatally defective, and conferred no jurisdiction on the circuit court to try the case. Reilly v. Powell, 34 Mo. App. 431; Tegler v. Mitchell, 46 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. O’Neill Ryan, Judge. (1) This complaint, not having been sworn to, is fatally defective, and conferred no jurisdiction on the circuit court to try the case. Reilly v. Powell, 34 Mo. App. 431; Tegler v. Mitchell, 46 Mo. App. 349. (2) It is submitted that the above authorities show that such amendment was not only improper, but that in any event it should have been sworn to after it had been made; this not having been done, the court had no jurisdiction of the case, and the judgment herein should be reversed and the case dismissed. The action of…
1Opinion of the CourtGoode, J.
(after stating the facts.) — 1. Respondent was rightly permitted to amend his complaint so as to increase the amount of damages prayed for the detention of the property and the sum averred as the monthly rent. This was ruled in previous decisions to which we adhere. Elliot v. Abell, 39 Mo. App. 346; Champ Spring Co. v. Roth Tool Co., 96 Mo. App. 523.
2. The proposition that the amendment in the circuit court terminated the jurisdiction of that court because the complaint was not verified afterwards, is unsound. By virtue of the statute a justice of the peace has no power to'issue a summons to…
2Cases cited21 opinions
- Woods v. HilderbrandSupreme Court of Missouri · 1870
- Burnett v. McClueySupreme Court of Missouri · 1883
- Ridgley v. StillwellSupreme Court of Missouri · 1859
- Fletcher v. KeyteSupreme Court of Missouri · 1877
- Finney v. CistSupreme Court of Missouri · 1863
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3Cited by6 opinions
- Smith v. RodickMissouri Court of Appeals · 1956
- Cosgrove v. StangeMissouri Court of Appeals · 1916
- Vromania Apartments Co. v. GoodmanMissouri Court of Appeals · 1909
- State Ex Rel. v. Taylor HartmannMissouri Court of Appeals · 1922
- State Ex Rel. Klots Throwing Co. v. ValentineWest Virginia Supreme Court · 1926
1 more not listed; retrieve them via the Exa API.