Reed v. Leffingwell

Decided July 15, 1860

Supreme Court of Missouri · decided 1860-07-15

This was a suit originally commenced before a justice of the peace on an account for twenty-two dollars and seventy cents. The defendant filed an offset amounting to twelve dollars. Judgment was rendered by the justice in favor of the defendant for twelve dollars, and costs. The plaintiff took an appeal to the circuit court.

Decided 1860-07-15

Scott, Judge,

¶1delivered the opinion of the court.

¶2The record in this case contains a singular proceeding. It is a great deal better that courts should try causes on their merits than to be disposing of them on grounds which are foreign to the purposes of justice. We can not see why, under the circumstances of this case, a new or additional bond was required. The penalty of the bond was more than six times the amount in controversy. But what are we to think of the dismissal of the appeal for not filing this new bond within the time prescribed by the court, in the teeth of the affidavit of Reed, which shows how he was misled and deceived by the counsel of the defendant ?

¶3Reversed and remanded. The other judges concur.