Swartz v. Nicholson
Headnotes
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Sherwood, C. J.
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.”
*509 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 Bra-shears v. Strode, ( 46 Mo. 221 ), is directly in point.
Judgment reversed.
All concur.
Reversed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 17 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.