Odle v. Clark

• Decision Date: 30 April 1828
• Citation: 2 Mo. 12
• Parties: ODLE v. CLARK.
• Court: Missouri Supreme Court

2 Mo. 12

ODLE

v.CLARK.

Supreme Court of Missouri.

April Term, 1828.

ERROR TO THE CIRCUIT COURT OF RAY COUNTY.

TOMPKINS, J.

Clark, the defendant in error, summoned Odle, the plaintiff in error, to appear before a justice of the peace. The action was intended to be trespass. By the fifth section of the act establishing justices' courts, &c., it is provided “that in all suits a brief statement of the cause of action, and the amount claimed, shall be made in writing and filed with the justice, and the same or a copy annexed to the summons; that the service thereof shall be by reading the original summons, and the complaint or statement annexed thereto, in the hearing of the defendant, or by leaving a copy of the same at his dwelling house or usual place of abode, in the presence of one or more white persons of his family above the age of fifteen years,” &c. Judgment before the justice was given for the plaintiff, and on a new trial in the Circuit Court, a judgment was given for plaintiff, defendant here; to reverse this judgment Odle prosecutes his...