Bragg v. Israel
Missouri Court of Appeals
Appeal from the Schuyler Circuit Court. — lion. Nat. M. Shelton, Judge. (1) Before the objection to the introduction of evidence could have been sustained by the court, the petition must have wholly failed to state a cause of action. R. S. 1889, sec. 2047. (2) If the petition stated a cause of action imperfect or indefinitely, this general objection will not avail.
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Appeal from the Schuyler Circuit Court. — lion. Nat. M. Shelton, Judge. (1) Before the objection to the introduction of evidence could have been sustained by the court, the petition must have wholly failed to state a cause of action. R. S. 1889, sec. 2047. (2) If the petition stated a cause of action imperfect or indefinitely, this general objection will not avail. Spur-lock v. Railway, 93 Mo. 530. (3) The facts which are necessarily implied from the direct averments of the petition will be treated as having been alleged. Weaver v. Harlan, 48 Mo. App. 319. (4) .When a defendant does not…
1Opinion of the CourtSmith, P. J.
The plaintiff’s petition contained the following allegations:
Plaintiff alleges that the defendant is the executor of the estate of Mahala Speers, deceased and as such has duly qualified in and by the probate court of Schuyler county, Missouri, and is now in charge of said estate. Plaintiff states that at the age of twelve years the said Mahala Speers sent for plaintiff and had her brought to her home under the promise that she would provide for her and by her last will compensate her for all the services rendered to and for her and her husband during the time she should remain with them…
2Cases cited11 opinions
- Spurlock v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Greenabaum v. ElliottSupreme Court of Missouri · 1875
- Higgins v. PeltzerSupreme Court of Missouri · 1871
- Michael v. City of St. LouisSupreme Court of Missouri · 1892
- Musick v. DodsonSupreme Court of Missouri · 1882
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3Cited by2 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- Nelson v. DiffenderfferMissouri Court of Appeals · 1914