Swartz v. Nicholson

Supreme Court of Missouri

Decided October 15, 1877

Supreme Court of Missouri · decided 1877-10-15

<p>Plaintiff’s Statement of his cause of action filed in the Justice’s court, Held, insufficient.</p>

Relies on Brashears v. Strock

Good law ✅— No negative treatment on recordhow we know

Decided 1877-10-15

How this case has been cited

Cited by 16 later decisions — most recently December 1913

16 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Sherwood, C. J.

¶1Action on a memorandum, before a justice of the peace, in this form :

¶2“LeRoy, Barton County, Mo., Sept. 19th, 1872.—C. S. Nicholson, debtor to Marion Swartz, fourteen dollars.”

¶3 *509Plaintiff' 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.

¶4Judgment reversed.

All concur.

¶5Reversed.