Swartz v. Nicholson

65 Mo. 508

• Court: Supreme Court of Missouri
• Decided: October 15, 1877
• Status: Published

Opinion

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.”

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.