Sheehan & Loler Transportation Co. v. Sims
Missouri Court of Appeals
Appeal from, the St. Louis City Circuit Court. — Hon. James A. Seoron, Judge. The motion to strike out the first count of the amended petition should have been sustained. We concede that the right of amendment before trial and submission is practically unlimited. But here "there had been a submission, judgment, appeal and reversal. The issues raised by defendant’s plea in abatement, and plaintiff’s general denial, should have been first and separately tried.
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Appeal from, the St. Louis City Circuit Court. — Hon. James A. Seoron, Judge. The motion to strike out the first count of the amended petition should have been sustained. We concede that the right of amendment before trial and submission is practically unlimited. But here "there had been a submission, judgment, appeal and reversal. The issues raised by defendant’s plea in abatement, and plaintiff’s general denial, should have been first and separately tried. Little v. Harrington, 71 Mo. 390; Byler v. Jones, 79 Mo. 261; Cohn v. Lehman, 93 Mo. 574; Thompson v. Bronson, 17 Mo. App. 456. The plea…
1Opinion of the CourtThompson, J.
This action was before the court on a former appeal. 28 Mo. App. 64. It was originally brought against James T. Sims as sole defendant. The original petition contained two counts. The first was for services rendered in towing barges for the defendant. The second was upon a judgment obtained by the plaintiff in the circuit court of the city of St. Louis, jointly against the defendant Sims and one Rogers. The plaintiff dismissed his action as to the first count and took judgment upon the second count, and the defendant appealed to this court. This court, holding that a second action might be…
2Cases cited13 opinions
- Hall v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Caldwell v. StephensSupreme Court of Missouri · 1874
- Barr v. ArmstrongSupreme Court of Missouri · 1874
- Bensley v. HaeberleMissouri Court of Appeals · 1886
- Fields v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1883
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3Cited by6 opinions
- State ex rel. Western Construction Co. v. Board of CommissionersIndiana Supreme Court · 1906
- Haseltine v. MessmoreSupreme Court of Missouri · 1904
- Ottumwa National Bank v. TottenMissouri Court of Appeals · 1905
- McClure v. Paducah Iron Co.Missouri Court of Appeals · 1901
- Collins v. GlassMissouri Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.