Grimes v. Sprague
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) There is one judgment entered here on five alleged causes of action, without any specification as to how much is found against defendant on any one count. This is error. St. Louis v. Allen, 53 Mo. 44. (2) The several causes of action are so commingled as not to state a good cause as to any.
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Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) There is one judgment entered here on five alleged causes of action, without any specification as to how much is found against defendant on any one count. This is error. St. Louis v. Allen, 53 Mo. 44. (2) The several causes of action are so commingled as not to state a good cause as to any. By the terms of section 4913, Revised Statutes 1889, it is clear that only the person rendering the service can maintain suit. Under any view of the case, therefore, plaintiff could in this suit only recover for his…
1Opinion of the CourtBland, P. J.
Plaintiff filed before a justice for suit his statement, wherein he alleged in substance that he per*248formed work and labor for defendant at his instance and request, and that his minor son, Frank Grimes, also labored for him, and that three other persons (named) labored for him; that he was the assignee of the other accounts; that all of said labor was common labor and had been performed within six months, and he prayed for special execution as provided in sections 4910 and 4913, Revised. Statutes 1889. With his statement he filed five itemized accounts as follows:
No. 1.
“Mr. Q. A. Balch, To…
2Cases cited4 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- City of St. Louis ex rel. Seibert v. AllenSupreme Court of Missouri · 1873
- Pitts v. FugateSupreme Court of Missouri · 1867
- Brown v. Chicago, Santa Fe & California Railway Co.Court of Appeals of Kansas · 1889
3Cited by1 opinion
- Sain v. RooneyMissouri Court of Appeals · 1907