United States Fidelity & Guaranty Co. v. Foskett-Kessner Feed Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Row. R. D. Wood, Judge. (1) Petition may be amended in the justice court to supply a jurisdictional fact. Burden v. Hornsby, 50 Mo. 238.. (2) Amendment supplying jurisdictional facts, or curing jurisdictional defects, can be made in tbe circuit court so as to bring tbe case within the jurisdiction of the justice, before whom suit was originally, brought. R. S. 1899, see. 4079; Vaughn v. Railroad, 17 Mo.
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Appeal from St. Louis City Circuit Court. — Row. R. D. Wood, Judge. (1) Petition may be amended in the justice court to supply a jurisdictional fact. Burden v. Hornsby, 50 Mo. 238.. (2) Amendment supplying jurisdictional facts, or curing jurisdictional defects, can be made in tbe circuit court so as to bring tbe case within the jurisdiction of the justice, before whom suit was originally, brought. R. S. 1899, see. 4079; Vaughn v. Railroad, 17 Mo. App. 4; King v. Railroad, 79 Mo; 328; Keltenbaugh v. Railroad, 34 Mo. App. 147; Mitchell v. Railroad, 82 Mo. 106. (3) Corrections by amendment, of…
1Opinion of the CourtBland, P. J.
The suit was begun before a justice of the peace in the city of St. Louis to replevy one horse of the alleged value of $500, and $200 damages for its wrongful detention. On November 9, 1900, the justice dismissed the suit for the reason that the damages sued for exceeded his jurisdiction. On November 20, 1900, plaintiff filed its affidavit and bond for an appeal to the circuit court. Its bond was approved and the appeal was granted by the justice.
In the transcript sent up by the justice is an amended petition in which the claim for damages is omitted, but there are no file-marks on the paper…
2Cases cited5 opinions
- Osborne v. SchuttSupreme Court of Missouri · 1878
- Heman v. FanningMissouri Court of Appeals · 1888
- Rankin v. FairleyMissouri Court of Appeals · 1888
- McCann v. SawyerMissouri Court of Appeals · 1894
- Brown v. Merchant's BankMissouri Court of Appeals · 1896
3Cited by3 opinions
- Patchen v. DurrettMissouri Court of Appeals · 1906
- Norton v. AllenMissouri Court of Appeals · 1928
- Alexander v. McFarlandMissouri Court of Appeals · 1919