Demske v. Hunter
Missouri Court of Appeals
Appeal from Morgan Circuit Court, Hon. E. L. Edwards, Judge. The case is stated in the opinion. I. The instructions given for plaintiff were erroneous, and submit issues which were not raised. There was no allegation of fraud or false representations in the petition. Smith v. Sims, 77 Mo. 274; Parker v. Marquis, 64 Mo. 38. The petition shall contain a plain and concise statement of the facts constituting a cause of action without unnecessary repetition.
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Appeal from Morgan Circuit Court, Hon. E. L. Edwards, Judge. The case is stated in the opinion. I. The instructions given for plaintiff were erroneous, and submit issues which were not raised. There was no allegation of fraud or false representations in the petition. Smith v. Sims, 77 Mo. 274; Parker v. Marquis, 64 Mo. 38. The petition shall contain a plain and concise statement of the facts constituting a cause of action without unnecessary repetition. Sect. 3511, Rev. Stat. If plaintiff had any right of recovery, it was upon the ground of the rescission of the contract for fraud or false…
1Opinion of the CourtEllison, J.
This is an action of replevin in which the plaintiff prevailed and defendant appeals. There was a motion for new trial, but the date of its, filing no where appears. All that appears in the bill of exceptions is the following:
“The case then went'to the jury, who afterwards brought in their verdict in favor of plaintiff. Thereupon the defendant filed his motion for a new trial in words .and figures, as follows, to-wit (here follows motion), which said motion the court overruled, and to the opinion of the court in overruling same the defendant at the time objected and excepted.”
It has been held…
2Cases cited2 opinions
- Bollinger v. CarrierSupreme Court of Missouri · 1883
- State ex rel. Estes v. GaitherSupreme Court of Missouri · 1883
3Cited by6 opinions
- Hill v. CombsMissouri Court of Appeals · 1902
- State ex rel. Baer v. MasonMissouri Court of Appeals · 1888
- Bruns v. CapstickMissouri Court of Appeals · 1895
- Mesker v. CutlerMissouri Court of Appeals · 1892
- Estate of Pound v. CassityMissouri Court of Appeals · 1902
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