Godfrey v. Godfrey
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Jesse A. McDonald, Judge. (1) The court erred in overruling appellant’s motion for judgment on the pleadings, because the respondent failed to deny the allegations of appellant’s answer, or, at best, presented a case wherein the denial must be fairly regarded as ambiguous. Tomlinson v. Lynch, 32 Mo. 160; Billings v. Iron Railway Co., 86 Mo. App. 228; Lamberson v. Long, 66 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. Jesse A. McDonald, Judge. (1) The court erred in overruling appellant’s motion for judgment on the pleadings, because the respondent failed to deny the allegations of appellant’s answer, or, at best, presented a case wherein the denial must be fairly regarded as ambiguous. Tomlinson v. Lynch, 32 Mo. 160; Billings v. Iron Railway Co., 86 Mo. App. 228; Lamberson v. Long, 66 Mo. App. 254; Jordan v. Surghnor, 107 Mo. 520; Holke v. Herman, 87 Mo. App. 132; Hotel Co. v. Sauer, 65 Mo. 279 ; Leffingwell v. Griffin, 31 Cal. 231; Doll v. Good, 38 Cal.…
1Opinion of the CourtGraves, J.
Mary Godfrey departed this life in the city of St. Louis, April 2,1904, intestate, leaving the property in dispute. The plaintiff is her son, and the two defendants are her daughters.
Plaintiff and defendants constitute all of her legal heirs. The present action is one in partition. Plaintiff sues for the partition of the property and asks that defendant Katherine Godfrey account for the rents and profits.
By the first paragraph of her answer Katherine Godfrey, who is the sole appellant herein, pleads: (1) that this defendant was the sole support of her mother for some fifteen years prior to…
2Cases cited2 opinions
- Coleman v. RobertsSupreme Court of Missouri · 1908
- Mechanics' Bank v. KleinSupreme Court of Missouri · 1863
3Cited by8 opinions
- Shohoney v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1910
- Leahy v. Mercantile Trust Co.Supreme Court of Missouri · 1922
- Turner v. BrowneSupreme Court of Missouri · 1943
- Hartford Mining Co. v. Home Lumber & Coal Co.Nevada Supreme Court · 1940
- Interstate Railway Co. v. Missouri River & Cameron RailroadSupreme Court of Missouri · 1913
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