Supreme Court of Missouri October 15, 1882 (Compton v. Parsons)

I.

Sherwood, J.

When a cause comes by appeal from a justice of the peace to the circuit court, it is to be tried de novo. R. S-. 1879, § 3052. And the defendant may avail himself of any defense he may have, whether offered in *457the magistrate’s court or not. Hall v. Mills, 11 Mo. 217; Phillips v. Bliss, 32 Mo. 427.