Clow  V.  Gilbert,  54  Ills.  Ap.  134;  but  if  no  amendment  is  perfected  the


MISCELLANEOUS.  689

only  course  open  to  him  is  to  dismiss  the  suit,  and  he  cannot  award
return  of  the  goods.  Id.  In  Missouri  the  original  statement  before  a
Justice  may  be  amended,  and  the  failure  to  state  therein  that  plaintiff
is  entitled  to  the  possession  of  the  goods,  or  to  claim  or  state  any
damages  or  to  pray  Judgment,  does  not  impair  the  Jurisdiction,  Lakey
V.  Hoops,  80  Mo.  Ap.  608.  A  justice  may  entertain  an  action  for  the
recovery  of  "a  framed  building;  "  this  description  of  the  thing  does
not  import  that  it  is  parcel  of  the  realty,  Elliott  v.  Black,  46  Mo.  372.
The  filing  with  a  Justice  of  the  peace  of  the  notice  served  upon  the
owner  of  trespassing  animals,  claiming  damages  for  trespass,  confers
upon  the  Justice  Jurisdiction  to  enter  a  Judgment  for  the  award  of  the
appraisers,  without  the  issuing  of  summons,  Randall  v.  Gross,  Neb.,  93
N.  W.  223.  Where  the  statute  so  provides  the  statement  of  value  in  the
affidavit  is  conclusive  as  to  the  Jurisdiction  of  the  justice,  Knoche  ik
Perry,  90  Mo.  Ap.  483.  Failure  of  the  Justice  to  mark  as  filed  the
affidavit  and  statement  required  by  the  statute  does  not  defeat  his
Jurisdiction,  Hopper  v.  Hopper,  84  Mo.  Ap.  117.
Judgment.  The  justice's  judgment  must  pursue  the  statute,  Fischer
17.  Cohen,  22  Misc.  117,  48  N.  T.  Sup.  775.  In  Indiana  a  Justice  cannot
giVQ  judgment  for  return  or  the  value.  Woodward  v.  Myers,  15  Ind.  Ap.
