Legal Opinion

Hendricks v. Calloway

Supreme Court of Missouri

Decided April 13, 1908PublishedCited by 31 opinions

Appeal from Schuyler Circuit Court. — Now. N. M. Shelton, Judge. (1) Defendants’ objection to tbe introduction of evidence should have been sustained. The petition was self-contradictory, as to first count. The second count failed to state a cause of action — showed misjoinder of five different actions without mutuality of parties, subject-matter or remedy. Such defects were properly raised by objection to evidence. Murphy v. Ins. Co., 78 Mo.

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Appeal from Schuyler Circuit Court. — Now. N. M. Shelton, Judge. (1) Defendants’ objection to tbe introduction of evidence should have been sustained. The petition was self-contradictory, as to first count. The second count failed to state a cause of action — showed misjoinder of five different actions without mutuality of parties, subject-matter or remedy. Such defects were properly raised by objection to evidence. Murphy v. Ins. Co., 78 Mo. App. 79; Malone v. Fidelity & Casualty Co., 71 Mo. App. 1; Jones v. Philadelphia Und’s, 78 Mo. App. 296; Boggers v. Boggers, 127 Mo. 305; Staples v.…

1Opinion of the CourtLamm, J.

— This is the appeal'of above defendants from a final decree in equity in a cause going from Scotland to Schuyler county on change of venue. There were other parties defendant (among them, William F. Hendricks) not appealing. Plaintiffs are the surviv*544ing children of said William F. Hendricks and one Martha A. Hendricks, his wife, deceased.

The decree, nisi, vests the title of the Southwest one-fourth of. the Northwest one-fourth of section 3 and the Southeast one-fourth of the Northeast one-fourth of section 4 (hereinafter, for convenience, both forties are called tract “A”) and the Northwest…

2Cases cited13 opinions

  1. Shotwell v. HarrisonMichigan Supreme Court · 1871
  2. Sillyman v. KingSupreme Court of Iowa · 1873
  3. Ridgeway v. HollidaySupreme Court of Missouri · 1875
  4. Weber v. RothchildOregon Supreme Court · 1887
  5. Long v. DollarhideCalifornia Supreme Court · 1864

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3Cited by31 opinions

  1. Shockley v. Morristown Produce & Ice Co.Tennessee Supreme Court · 1928
  2. Rau v. Wilkes-Barre & Eastern R. R.Supreme Court of Pennsylvania · 1933
  3. Grimes v. RushSupreme Court of Missouri · 1946
  4. Blanchard v. DormanSupreme Court of Missouri · 1911
  5. Arnett v. StephensCourt of Appeals of Kentucky · 1923

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