Babcock v. Hahn
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Ho». Jacob Klein, Judge. (1) The petition stated facts -which, if proved, were sufficient to entitle the plaintiff to relief. Their truth was admitted by the demurrer. They were statements of facts and not conclusions of law. Bliss, Code Pleading, sec. 210; Kansas City v. Johnson, 78 Mo. 661; Long v. Armsby Co-., 43 Mo.
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Appeal from St. Louis City Circuit Court. — Ho». Jacob Klein, Judge. (1) The petition stated facts -which, if proved, were sufficient to entitle the plaintiff to relief. Their truth was admitted by the demurrer. They were statements of facts and not conclusions of law. Bliss, Code Pleading, sec. 210; Kansas City v. Johnson, 78 Mo. 661; Long v. Armsby Co-., 43 Mo. App. 253. (2) The allegations of the petition touching the organization of St. Louis county, the appointment, qualification and action of the board of commissioners to locate a permanent seatAf justice, and the subsequent…
1Opinion of the Court
YALLIANT, J. J.
— Plaintiff is a resident and taxpayer of the city of St. Louis, and defendant is the recorder of deeds of that city. The petition states that the defendant is about to remove his office, its books and *138records from the courthouse to the city hall, and the prayer of the petition is that he be enjoined from doing so. The court sustained a demurrer to the petition, and final judgment thereon for defendant having been duly entered, plaintiff brings the cause to this court by appeal.
The plaintiff bottoms his case on section 9055, Revised Statutes 1899, which is: “The recorder shall…
2Cases cited2 opinions
- Ellis v. StateTennessee Supreme Court · 1892
- State ex rel. Norman v. SmithSupreme Court of Missouri · 1870
3Cited by5 opinions
- State Ex Rel. Lemon v. LanglieWashington Supreme Court · 1954
- Brown v. MarshallSupreme Court of Missouri · 1912
- Opinion No. 146-76 (1976), Missouri Attorney General Reports1976
- State Ex Rel. Lemon v. LanglieWashington Supreme Court · 1954
- State v. TibbettsCourt of Criminal Appeals of Oklahoma · 1922