Swartz v. Nicholson
| Decision Date | 31 October 1877 |
| Citation | 65 Mo. 508 |
| Parties | SWARTZ v. NICHOLSON, APPELLANT. |
| Court | Missouri Supreme Court |
Appeal from Barton Circuit Court.--Hon. JOHN D. PARKINSON, Judge.
Morgan & Buler for appellant.
Action on a memorandum, before a justice of the peace, in this form:
“LEROY, BARTON COUNTY, Mo., Sept. 19th, 1872.--C. S. Nicholson, debtor to Marion Swartz, fourteen dollars.”
Plaintiff had judgment before the magistrate and on appeal to the circuit court also, notwithstanding the objections of the defendant, and his motion to dismiss. Sec. 13, 2 Wag. Stat. 814, requires in a suit like the present, “A statement of the facts constituting the cause of action to be filed with the justice,” &c. As no such statement was filed, the motion of defendant should have prevailed, and Brashears v. Strock, (46 Mo. 221, is directly in point.
Judgment reversed.
All concur.
REVERSED.
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Derossett v. Marsh
... ... therefore the judgment rendered by the justice is void ... Wathen v. Farr, 8 Mo. 324; Breshears v ... Strock, 46 Mo. 221; Swartz v. Nicholson, 65 Mo ... 508; Butts v. Phelps, 79 Mo. 302; Rosenburg v ... Boyd, 14 Mo.App. 429; Monks v. Strange, 25 ... Mo.App. 12; Weese v ... ...
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Derossett v. Marsh
...thereon, and therefore the judgment rendered by the justice is void. Wathen v. Farr, 8 Mo. 324; Breshears v. Strock, 46 Mo. 221; Swartz v. Nicholson, 65 Mo. 508; Butts v. Phelps, 79 Mo. 302; Rosenburg v. Boyd, 14 Mo. App. 429; Monks v. Strange, 25 Mo. App. 12; Weese v. Brown, 28 Mo. App. 52......
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Hays v. The Estate of Miller
...what amount is claimed; "at twenty dollars per year, $ 260," is absolutely meaningless. Brashears v. Strock, 46 Mo. 221; Swartz v. Nicholson, 65 Mo. 508; Watkins Donnelly, 88 Mo. 322; Hill v. St. Louis, Ore & Steele Co., 90 Mo. 103, 106; Seligman v. Rogers, 113 Mo. 642, 660; Coggett v. Blan......