Barber Asphalt Paving Co. v. Sanford
Missouri Court of Appeals
Writ of Error to the St. Louis City Circuit Court. Hon. John M. Wood, Judge. It is not thought necessary to go into any extended argument to show that the court below committed error in sustaining the demurrer to the petition of plaintiff for the reason that in an exactly similar ease this court has heretofore decided that the petition of plaintiff did state facts sufficient to constitute a cause of action, and reversed and remanded the cause.
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Writ of Error to the St. Louis City Circuit Court. Hon. John M. Wood, Judge. It is not thought necessary to go into any extended argument to show that the court below committed error in sustaining the demurrer to the petition of plaintiff for the reason that in an exactly similar ease this court has heretofore decided that the petition of plaintiff did state facts sufficient to constitute a cause of action, and reversed and remanded the cause. It is submitted that the said decision of the court in that case is conclusive here. Barber Asphalt Paving Co. v. Young, 68 Mo. App. 175.
1Opinion of the CourtBond, J.
In this case the trial court sustained a general demurrer to the petition filed upon special tax bills, which petition contained the general allegations held to be sufficient to state a cause of action by this court in Bank v. Wright, 68 Mo. App. 144; Paving Co. v. Young, ibid. 175. It follows that the ruling of the circuit court was error under the authority of these decisions. The judgment is therefore reversed and the cause remanded.
2Cases cited1 opinion
- Seaboard National Bank v. Wright's TrusteeMissouri Court of Appeals · 1896