Ensworth v. Barton

— This is an appeal from the judgment of the circuit court, in sustaining a motion to strike from the files of said court an amended petition of plaintiff, and in refusing to allow the same to be filed after said motion was sustained. It appears that this cause-was once before in this court, and is reported in 60 Mo. 512. The judgment was reversed and cause remanded because of the admission of illegal evidence, and in the opinion a suggestion was made that the petition stated one cause of action and the evidence tended to establish another.

It appears from the record now before us that, when…