Appeal from the Phelps Oircu.it Court. — Hon. Leigh B. Woodside, Judge.

STATEMENT OF THE CASE.

Plaintiff commenced her suit before a justice of the peace in. Miller township, Phelps county, by filing the following complaint :

“State of Missouri,

County of Phelps.

“Before R. E. Hutcheson, justice of the peace, Miller township.

Mrs. Ellen O’Brien, Complainant,

vs.

S. Yare and M. Langsam, under the firm name of Yare &’ Langsam, Defendants.

“Mrs. Ellen O’Brien, by her attorney, Robert Merriwether, complains to R. E. Hutcheson, justice of the peace within and for the county of Phelps, that on the fourth day of September, 1900, she .had the legal right to the possession of the first story and ground floor of the brick business house, situated-in block number fifty-seven of the county addition of the city of Rolla, in Phelps county, Missouri, known as the O’Brien building, and now occupied by S. Yare and M. Langsam under the firm name of Yare & Langsam, and that the said S. Yare and M. Langsam, willfully and without force hold the possession of said premises, after the termination of the time for which they were demised and let to them, and after demand made in writing for the delivery of the possession thereof.

“The complainant further states that she has sustained damages, by reason of the. unlawful detainer aforesaid, in the sum of fifty dollars, and that the value of the monthly rents and profits of said tenements is twenty-five dollars.

“Wherefore the complainant prays judgment of restitution, and for damages and value of the monthly rents and profits of the premises aforesaid.

“Eobert Merriwether,

“Attorney for Mrs. Ellen O’Brien.

“Subscribed and sworn to before me this fourth day of September, 1900.

“E. E. Hutcheson,

“Justice of the Peace.”

On the return day of the summons, defendants appeared before the justice and filed their motion for a change of the venue of the cause, on the ground that the inhabitants of Miller township were so prejudiced against them that they could not have a fair trial therein. The venue was awarded to John Hargis, a justice of the peace of Cold Spring township. Erom the latter justice the cause was removed to the circuit court on a writ of certiorari. In the circuit court, defendants moved to dismiss the suit: first, because the complaint is not sworn to; second, because the complaint is not verified as required by law; third, because the justice of the peace on the face of the complaint had no jurisdiction to issue process thereon. This motion was overruled; whereup’on the defendant made no further appearance to the suit.

The court heard the evidence on the part of plaintiff, assessed her damages at* $23.45, and the monthly rents and profits at $25 and awarded her judgment for possession. After unsuccessful motion for new trial and in arrest defendants appealed.

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