County of Moniteau ex rel. Bechtle v. Lewis
Missouri Court of Appeals
Appeal from Moniteau Circuit Court. — Eon. William E. Martin, Judge.. (1) The plaintiffs should not have not been permitted to prove issuance, and delivery and renewal of the dramsliip license by the record of the county court. The foundation for this was not laid by giving the required notice." State v. Barnett, 110 Mo. App. 592; Thompson on Trials, secs. 770, 771. (2) Each count in the petition must be complete in itself.
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Appeal from Moniteau Circuit Court. — Eon. William E. Martin, Judge.. (1) The plaintiffs should not have not been permitted to prove issuance, and delivery and renewal of the dramsliip license by the record of the county court. The foundation for this was not laid by giving the required notice." State v. Barnett, 110 Mo. App. 592; Thompson on Trials, secs. 770, 771. (2) Each count in the petition must be complete in itself. In this petition no count in same is complete within itself. Weber v. Squier, 51 Mo. App. 601. (3) The dramshop was not -kept at the place described in the bond sued on.…
1Opinion
ON MOTION FOE REHEARING.
ELLISON, J.
By not closely scrutinizing the record, counsel have been led to- believe the court has misconceived the facts as to a discrepancy between the bond on the one part and the application and petition upon the other, when in fact the misapprehension is with counsel. The bond, as shown in defendants’ abstract does contain the recital set out by counsel, but the plaintiff challenged the truth of the -defendants’ abstract and corrected it, in matter of description of property, by adding thereto words which changed what would otherwise haye been a very general…
2Cases cited1 opinion
- Cullinan v. Fidelity & Casualty Co.New York Supreme Court · 1903