Dailey v. City of Columbia
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Eon. Alex. H.. Waller, Judge. (1) The court erred in overruling defendant’s motion to make plaintiff’s petition -more definite and certain. . This motion Avas timely, made before ansAver filed and exceptions Avere saved and preserved to overruling same. The matter was again called to the court’s attention in the motion for a new trial.
Read the full summary
Appeal from Boone Circuit Court. — Eon. Alex. H.. Waller, Judge. (1) The court erred in overruling defendant’s motion to make plaintiff’s petition -more definite and certain. . This motion Avas timely, made before ansAver filed and exceptions Avere saved and preserved to overruling same. The matter was again called to the court’s attention in the motion for a new trial. (2) Every substantial fact which the plaintiff in order to recover must prove, he must also allege so that an issue can be made thereon. Lanitz v. King, 93 Mo. 513; Pier v. Heinrichoffen, 52 M’o. 333; SidAvay v. Land Co., 163…
1Opinion of the CourtEllison, J.
The action in this case is for damages alleged to have been done to plaintiff’s property by the same work prosecuted by the city in an alley in the rear of Mr. McMillen’s property, this plaintiff owning property on the same alley.
What we said in reference to defendant having-waived its motion to make plaintiff’s petition more definite and certain by answering to the merits applies to this case. An examination of the authorities there cited will show the correctness of our ruling.
It however appears that the plaintiffs not only sued the defendant city, but also included as joint defendants five…
2Cases cited10 opinions
- Patterson v. United StatesSupreme Court of the United States · 1817
- Berkson v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1898
- Wood v. Milly McGuire's ChildrenSupreme Court of Georgia · 1855
- Davidson v. BondIllinois Supreme Court · 1850
- Schweickhardt v. City of St. LouisMissouri Court of Appeals · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Newdiger v. Kansas CitySupreme Court of Missouri · 1938
- Hughey v. EyssellMissouri Court of Appeals · 1912