Buckner v. Armour

• Decision Date: 31 May 1825
• Parties: BUCKNER v. ARMOUR.
• Court: Missouri Supreme Court

1 Mo. 534

BUCKNER

v.ARMOUR.

Supreme Court of Missouri.

May Term, 1825.

WRIT OF ERROR FROM CAPE GIRARDEAU CIRCUIT COURT.

PETTIBONE, J.

This was an action, originally commenced by Armour against Buckner before a justice of the peace, on a book account. The whole account exhibited, amounted to $99 66 1/4, but the balance claimed was only $66 91 1/2. There was an objection to the jurisdiction of the justice, probably on the ground that the whole amount exceeded $90. We think that this point cannot prevail. The amount claimed must determine the jurisdiction. There was a judgment rendered before the justice in favor of the plaintiff for $66 91 1/2, from which judgment the defendant appealed to the Circuit Court.^(a) In the Circuit Court the plaintiff filed a bill for a discovery, which was answered by defendant. The answer admitted some of the items of the account; neither admitted nor denied most of them; and denied none of them specifically. The only denial is contained in answer to the second interrogatory, which is as follows:--“That he does not know that said exhibit is a just and true account, but believes it is not, and denies that all the items therein were furnished for himself or his family.” The jury found a verdict in the Circuit Court for the same amount as the judgment in the Justice's Court. The plaintiff remitted nine dollars and ninety-three cents of the verdict. The defendant then claimed that the plaintiff was not entitled to costs in the Circuit Court, the judgment being for a less sum than was recovered in the Justice's Court. There is no foundation for this claim. The verdict in the Circuit Court is the same as in the Justice's Court, and the judgment is only reduced by a remittitur of the plaintiff.^(b) During the trial, several bills of exceptions were taken by defendant. The first states, that after the introduction of the bill for discovery, and the answer of the defendant, the plaintiff offered other evidence to support his demand, which was excepted to. On a discovery the answer of the defendant may be contradicted by the other evidence, but it requires two witnesses, or one witness and strong corroborating circumstances, to disprove the answer. The evidence was admissible. The next exception is, “that plaintiff introduced a witness to prove the items contained in the account filed in the cause, which witness was acknowledged not to be the person who made the entries in the book, or delivered the items.” Any person is competent to...