Burdsal v. Davies
Supreme Court of Missouri
Error to Jefferson Circuit Court. I. The objection that the original note was not filed with the petition instead of the copy,was waived by failure on the part of defendant to demur. (Wagn. Stat., 1014-15, §§ 6, 10 ; Id., § 19, p. 1036 ; Richardson vs. Farmer, 31 Mo., 35.) II. A petition, however defective, will be cured by verdict after issue is joined and a trial had on the merits, unless it wholly fails to- state a cause of action.
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Error to Jefferson Circuit Court. I. The objection that the original note was not filed with the petition instead of the copy,was waived by failure on the part of defendant to demur. (Wagn. Stat., 1014-15, §§ 6, 10 ; Id., § 19, p. 1036 ; Richardson vs. Farmer, 31 Mo., 35.) II. A petition, however defective, will be cured by verdict after issue is joined and a trial had on the merits, unless it wholly fails to- state a cause of action. (Welch vs. Bryan, 28 Mo., 30; Frazier vs. Roberts, 32 Mo., 457; Richardson vs. Farmer, 31 Mo., 35.) The filing of a note sued on is not material, although the…
1Opinion of the CourtSherwood, Judge
The point in this case to which our attention has been specially called is this:
Whether in a. suit on a promissory note, a defendant having pleaded to the merits, can, after verdict against him and judgment accordingly, successfully move in arrest, because the note sued on is not filed with the petition, nor does the petition allege the filing, or any statutory excuse for failure in this particular. And the discussion of this point necessarily involves the discussion of another, namely: Whether the *139petition lacking these allegations states a cause of action. Eor, unless the petition does…
2Cases cited1 opinion
- Rothwell v. MorganSupreme Court of Missouri · 1865
3Cited by13 opinions
- McCormick Harvesting Machine Co. v. HillMissouri Court of Appeals · 1904
- Hannibal & St. Joseph Railroad v. KnudsonSupreme Court of Missouri · 1876
- Peake v. BellSupreme Court of Missouri · 1877
- National Union Fire Insurance v. NevilsMissouri Court of Appeals · 1925
- State ex rel. Gilbert v. EldridgeSupreme Court of Missouri · 1877
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