Thompson v. Stearns
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — lion. James E. Withrow, Judge. (1) The petition did not state a cause of action, and the objection of the defendants to the introduction of evidence should have -been sustained. There is no allegation in the petition that plaintiffs performed their part of the contract sued on. 31 Cyc, page 107; 9 Cyc, 719; Bayse v. Ambrose, 32 Mo. 481; Beckman v. Ins. Co., 49 Mo.
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Appeal from St. Louis City Circuit Court. — lion. James E. Withrow, Judge. (1) The petition did not state a cause of action, and the objection of the defendants to the introduction of evidence should have -been sustained. There is no allegation in the petition that plaintiffs performed their part of the contract sued on. 31 Cyc, page 107; 9 Cyc, 719; Bayse v. Ambrose, 32 Mo. 481; Beckman v. Ins. Co., 49 Mo. App. 604. (2) The defendants’ motion in arrest of judgment should have been sustained. (1) The petition did not state a cause of action. (2) Upon the whole record plaintiffs were not…
1Opinion of the CourtBecker, J.
This is a suit for attorney’s fees alleged to be due plaintiffs from the defendant, E. G. Stearns, and for a lien on Stearns’ interest in property held by the defendant Garneau, as trustee. On a hearing of the cause judgment and decree were entered by the court in favor of the plaintiffs and against the defendant Stearns in the sum of $3153, which said amount was by said decree declared a lien in favor of plaintiffs on the real estate described in plaintiffs’ petition. From this judgment and decree defendants and plaintiffs appeal. We herein take up defendants’ appeal No. 14676.
Plaintiffs…
2Cases cited18 opinions
- Missouri Pacific Railway Co. v. RichmondTexas Supreme Court · 1889
- French v. CunninghamIndiana Supreme Court · 1898
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- White v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1907
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
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3Cited by5 opinions
- Cuthbert v. HeidsieckSupreme Court of Missouri · 1963
- Bybee v. S'rencoSupreme Court of Missouri · 1927
- Barthels v. GarrelsMissouri Court of Appeals · 1920
- Thompson v. StearnsMissouri Court of Appeals · 1921
- The Parker-Washington Co. v. CecilMissouri Court of Appeals · 1922