Haseltine v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from the Oreene Circuit Court. — Hon. W. D. Hubbabd, Judge. The motion to retax is sufficient. It is the proper form of relief. When the pleader sets ont plainly and distinctly the relief to which he claims he is entitled, his pleading is sufficient without incorporating therein all the evidence he intends to introduce at the trial.
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Appeal from the Oreene Circuit Court. — Hon. W. D. Hubbabd, Judge. The motion to retax is sufficient. It is the proper form of relief. When the pleader sets ont plainly and distinctly the relief to which he claims he is entitled, his pleading is sufficient without incorporating therein all the evidence he intends to introduce at the trial. It is only necessary to allege what is necessary to be proven in order to make a prima facie case in the absence of objection by proper motion before the trial. Crane r>. Railroad, 87 Mo. 588; R. S. 1879, sec. 3511; War-rensburg v. Simpson, 22 Mo. App. 695;…
1Opinion of the CourtRombauer, P. J.
This is an appeal taken by the defendant from the judgment of the trial court dismissing its motion to retax costs for insufficiency, and refusing to hear evidence in its support. The plaintiff sued the defendant in an action ex delicto, the petition containing five counts. The aggregate damages claimed were sixteen hundred and fifty dollars. Upon the trial there was a verdict for plaintiffs upon the second, fourth and fifth counts for an aggregate sum of forty-eight dollars and seventy-five cents, and a verdict for the defendant upon the first and third counts. The court made a judgment…
2Cases cited4 opinions
- Shed v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1878
- Vineyard v. LynchSupreme Court of Missouri · 1885
- Toll v. ThomasNew York Supreme Court · 1857
- Wilder v. WheelerNew York Supreme Court · 1845
3Cited by5 opinions
- Jorgensen v. City of Kansas CityMissouri Court of Appeals · 1987
- State ex rel. Holton v. WalkerMissouri Court of Appeals · 1900
- Leonor Mercedes Palermo v. World Fresh Market, L.L.C. a/k/a PuebloSuperior Court of The Virgin Islands · 2020
- McBride v. Union Pac. Ry. Co.Wyoming Supreme Court · 1889
- Tittman v. ThorntonMissouri Court of Appeals · 1893