Flowers v. Smith
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Row. F. C. Johnston, Judge. (1) Defendant’s motion to strike out plaintiff’s amended petition should have been sustained. The pleading filed as an amended petition is a substitution of a new cause of action and it therefore should have been stricken out, and this court should review this error notwithstanding defendant thereafter filed an answer and the cause was tried on such amended petition.
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Appeal from Lawrence Circuit Court. — Row. F. C. Johnston, Judge. (1) Defendant’s motion to strike out plaintiff’s amended petition should have been sustained. The pleading filed as an amended petition is a substitution of a new cause of action and it therefore should have been stricken out, and this court should review this error notwithstanding defendant thereafter filed an answer and the cause was tried on such amended petition. Ross v. Land Co., 162 Mo. 317; Leslie v. Myer, 143 Mo, 547; Sidway v. Land & Live Stock Co., 163 Mo. 372, 187 Mo, 659, 197 Mo. 359. (2) Defendant’s motion asking…
1Opinion of the CourtGantt, J.
This is an action for libel commenced and tried in the circuit court of Lawrence county. The defendant was the editor and proprietor of the Pierce City Democrat, a daily and weekly newspaper printed and published in Pierce City in said county.
The petition covers sixteen pages of printed mat*108ter and contains in one single count eighteen independent and distinct alleged defamatory publications of and concerning the plaintiff by the defendant. A proper conception of the case can only be gained by the reproduction of this petition in full, however desirable it may be that a summary of it should be…
2Cases cited15 opinions
- Callahan v. IngramSupreme Court of Missouri · 1894
- Mooney v. KennettSupreme Court of Missouri · 1854
- Christal v. CraigSupreme Court of Missouri · 1883
- Brownell v. Pacific RailroadSupreme Court of Missouri · 1871
- Fry v. BennettThe Superior Court of New York City · 1851
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
- Exchange Bank of Novinger v. TurnerSupreme Court of Missouri · 1929
- Hewitt v. Chicago, Burlington & Quincy Railroad Co.Supreme Court of Missouri · 1968
- Walsh v. Pulitzer Publishing Co.Supreme Court of Missouri · 1913
- Vanloon v. VanloonMissouri Court of Appeals · 1911
8 more not listed; retrieve them via the Exa API.