Stonemets v. Head
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. James D.. Barnett, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. It pleads matters which are manifestly mere opinions and which a reasonably prudent person would not rely on. Smith v. Sims, 77 Mo. 274; Johns v. Railroad, 79 Mo. 92; Redpath v. Lawrence, 42 Mo.
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Appeal from Audrain Circuit Court. — Hon. James D.. Barnett, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. It pleads matters which are manifestly mere opinions and which a reasonably prudent person would not rely on. Smith v. Sims, 77 Mo. 274; Johns v. Railroad, 79 Mo. 92; Redpath v. Lawrence, 42 Mo. App. 109; Reed v. Batt, 100 Mo. 66. The petition pleads a number of conclusions which must be disregarded in passing upon its sufficiency. “A demurrer admits only facts pertinently pleaded, it does not admit conclusions.” Hand v. St. Louis, 158 Mo. 213;…
1Opinion of the CourtLamm, J.
Plaintiffs, husband and wife, with a family of six children, resided on a farm of 120 acres in Fulton County, Illinois. Eighty acres of it belonged to Margaret and forty stood in the names of Margaret and George jointly as baron and femme. This little farm, with a modest outfit of farm implements, stock and household goods, was their all. In that regard Nathan’s one ewe-lamb allegory is apposite. Their farm will be called the Illinois farm. They seem to belong to a class that should be well beloved (because, as a great soul once suggested, God had made so many of them), viz., straightforward,…
2Cases cited28 opinions
- Gordon v. ButlerSupreme Court of the United States · 1882
- Judd v. WalkerSupreme Court of Missouri · 1908
- Cahn v. ReidMissouri Court of Appeals · 1885
- Loaiza v. Superior CourtCalifornia Supreme Court · 1890
- Picard v. McCormickMichigan Supreme Court · 1862
23 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Securities & Exchange Commission v. Capital Gains Research Bureau, Inc.Supreme Court of the United States · 1963
- Palladine v. Imperial Valley Farm Lands Assn.California Court of Appeal · 1924
- Orlann v. LaederichSupreme Court of Missouri · 1936
- Finke v. BoyerSupreme Court of Missouri · 1932
- Patzman v. HoweySupreme Court of Missouri · 1936
38 more not listed; retrieve them via the Exa API.