Sidway v. Missouri Land & Live Stock Co.
Supreme Court of Missouri
Appeal from Newton Circuit Court. — Hon. J. 0. Lamson, Judge. (1) (a) The court erred in abandoning its previous order requiring definite statement of facts by plaintiff’s petition and in overruling appellant’s motion to strike out respondent’s second amended petition.
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Appeal from Newton Circuit Court. — Hon. J. 0. Lamson, Judge. (1) (a) The court erred in abandoning its previous order requiring definite statement of facts by plaintiff’s petition and in overruling appellant’s motion to strike out respondent’s second amended petition. This becomes more apparent as we see the confusion resulting from the lack of certainty, in the course of the trial and in the effects of the verdict on the first count, (b) And it erred in permitting respondent to make further amendment of his petition, changing the issues, after the jury was sworn, (e) And in permitting…
1Opinion of the CourtShebwood, P. J.
Action by plaintiff brought March 3, 1896, for alleged service, management, etc., and for cash said to have been paid to one Dummitt on behalf of the defendant company. These matters were mingled together in vexatious and inextricable confusion in the first count of the petition with no particulars as to the character of the services rendered, or by whom or under what contract or authority rendered, or in what circumstances or under what authority, on what account, for what purpose, to what person or persons, 'the money was loaned, paid, advanced or disbursed.
The first count averred that…
2Cases cited14 opinions
- Clark v. . DillonNew York Court of Appeals · 1884
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- Snyder v. FreeSupreme Court of Missouri · 1893
- Lanitz v. KingSupreme Court of Missouri · 1887
- Butts v. PhelpsSupreme Court of Missouri · 1883
9 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Price v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Freeman v. BerberichSupreme Court of Missouri · 1933
- Edwards v. Business Men's Assurance Co. of AmericaSupreme Court of Missouri · 1942
- Sidway v. Missouri Land & Live Stock Co.Supreme Court of Missouri · 1905
- Sommers v. St. Louis Transit Co.Missouri Court of Appeals · 1904
25 more not listed; retrieve them via the Exa API.