Withers v. Wabash Railroad
Missouri Court of Appeals
Appeal from. Clay Circuit Court. — Ron. Joshua W. Alexander, Judge. (1) The circuit court erred in overruling appellant’s motion to compel respondents to complete their amended petition in the particulars indicated in the motion. (2) The circuit court erred in overruling appellant’s demurrer to the amended petition for many reasons, of which the following may he stated, viz.: Its facts alleged were insufficient to constitute a cause of action.
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Appeal from. Clay Circuit Court. — Ron. Joshua W. Alexander, Judge. (1) The circuit court erred in overruling appellant’s motion to compel respondents to complete their amended petition in the particulars indicated in the motion. (2) The circuit court erred in overruling appellant’s demurrer to the amended petition for many reasons, of which the following may he stated, viz.: Its facts alleged were insufficient to constitute a cause of action. It does not state what land was covered by the contract of January 16, 1893, nor what portion of the land covered by the contract had been assigned to…
1Opinion of the CourtBroaddus, P. J.
As the judgment was rendered upon the refusal of the defendant to further plead after its demurrer to plaintiffs’ petition was overruled, it is necessary to a proper understanding that one of the two counts to the petition should be copied in full. The first count reads as follows:
“Plaintiffs for their first cause of action in this their amended petition, state that the defendant is now, and at all times hereinafter mentioned was, a railway corporation, duly organized and existing under the laws of the State of Ohio; that defendant now owns and operates, and did at all said times own and…
2Cases cited9 opinions
- Norcross v. JamesMassachusetts Supreme Judicial Court · 1885
- Price v. BlankenshipSupreme Court of Missouri · 1898
- State ex rel. National Subway Co. v. St. LouisSupreme Court of Missouri · 1898
- Coughlin v. BarkerMissouri Court of Appeals · 1891
- Huston v. TylerSupreme Court of Missouri · 1897
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3Cited by4 opinions
- Watkins v. Siler Logging Co.Washington Supreme Court · 1941
- Cook v. Tide Water Associated Oil CompanyMissouri Court of Appeals · 1955
- Scheller v. Tacoma Railway & Power Co.Washington Supreme Court · 1919
- Abington v. TownsendSupreme Court of Missouri · 1917