Hasler v. Ozark Land & Lumber Co.
Missouri Court of Appeals
Appeal from Shannon Circuit Court. — Ho». W. A, Evans, Judge. ; (1) Onr first contention is that'the conrt erred in not striking out plaintiff’s amended statement, for the reason that the last count was a new cause of action and different from the one tried in the justice court, which is not tolerated by our statute or the courts. R. S. 1899, sec. 4077; Boughton v.* Railway, 25 Mo.
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Appeal from Shannon Circuit Court. — Ho». W. A, Evans, Judge. ; (1) Onr first contention is that'the conrt erred in not striking out plaintiff’s amended statement, for the reason that the last count was a new cause of action and different from the one tried in the justice court, which is not tolerated by our statute or the courts. R. S. 1899, sec. 4077; Boughton v.* Railway, 25 Mo. App. 10‘. (2) "When an attempt is made to hold a third party for a debt, a promise to pay the credit must be given solely to him and no one else. . Grill v. Reed, 55 Mo. App. 246; Price v. Railroad, 40 Mo. App.…
1Opinion of the CourtRetburn, J.
This action was begun before a justice of the peace in Shannon county to recover a balance of $135 for professional services rendered in medical attendance upon and treatment" of Jacob and Robert Hensperker, employees of defendant, during their affliction with smallpox. The complaint filed with the magistrate alleged that the services were performed at the request and upon the sole credit of defendant and that it had promised to pay plaintiff therefor. After appeal to the circuit court an amended statement of the cause of action was filed comprehending, in addition to the first complaint, a…
2Cases cited2 opinions
- Jesserich v. WalruffMissouri Court of Appeals · 1892
- Grigsby v. Barton CountySupreme Court of Missouri · 1902
3Cited by1 opinion
- Cameron v. Electric Household Stores, Inc.Missouri Court of Appeals · 1935