Supreme Court of Missouri, 1877

Swartz v. Nicholson

Supreme Court of Missouri · Decided October 15, 1877 · Sherwood

65 Mo. 508

Cases that cite this one

16 later published cases cite this decision.

Rundelman v. John O'Brien Boiler Works Co. (Mo. Ct. App. 1913)
Mansur v. Linney (Mo. Ct. App. 1912)
Rechnitzer v. Vogelsang (Mo. Ct. App. 1906)
Sidway v. Missouri Land & Live Stock Co. (Mo. 1901)
St. Louis v. Babcock (Mo. 1900)
Moffett-West Drug Co. v. Johnson (Mo. Ct. App. 1899)
Brennan v. McMenamy (Mo. Ct. App. 1899)
Lamb v. Bush (Mo. Ct. App. 1892)
Penninger v. Reilley (Mo. Ct. App. 1891)
Dahlgren v. Yocum Bros. (Mo. Ct. App. 1891)
Grabbe v. St. Louis Drayage Co. (Mo. Ct. App. 1890)
Nutter v. Houston (Mo. Ct. App. 1888)
Witting v. St. Louis & San Francisco Railroad (Mo. Ct. App. 1887)
Watkins v. Donnelly (Mo. 1885)
Butts v. Phelps (Mo. 1883)
Strathmann v. Gorla (Mo. Ct. App. 1883)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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.”

*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.

Judgment reversed.

All concur.

Reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.