Falloon v. Fenton
Missouri Court of Appeals
Appeal from Crawford County Circuit Court. — Eon. L. B. Woqdside, Judge. (1) If a petition states no cause of action, sucli question can be raised in the Appellate, Court for tlm first time, and a judgment thereon should be reversed.
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Appeal from Crawford County Circuit Court. — Eon. L. B. Woqdside, Judge. (1) If a petition states no cause of action, sucli question can be raised in the Appellate, Court for tlm first time, and a judgment thereon should be reversed. McQuitty v; White, 218 Mo. 586; Davis v. Jacksonville Line, 126 Mo. 69; Hoffman v. McCracken, 168 Mo. 343. (2) In granting or refusing new trials based upon the ground that the verdict is against the law and evidence, and against the weight of the evidence, the trial judge should endeavor to avoid giving effect to any decision which amounts to a failure on the…
1Opinion of the CourtFarrington, J.
On April 18, 1910', plaintiff
{respondent) recovered a judgment against the defendant (appellant) in a justice’s court in Crawford county for the sum of one dollar on a cause of action stated as follows: ‘‘Plaintiff states that on or about the 18th day of April, 1909, and at various and divers other times since, the defendant, without leave, wrongfully entered on the east one-half of lot 6, of the northwest quarter of section 4, township 39, range 2, west -of Crawford county, Missouri, of which the plaintiff was then the legal owner and then and there cut timber to the value of fifty dollars…
2Cases cited8 opinions
- State v. ScottSupreme Court of Missouri · 1908
- Hewitt v. HarveySupreme Court of Missouri · 1870
- Great Western Printing Co. v. BelcherMissouri Court of Appeals · 1907
- Pitt v. DanielMissouri Court of Appeals · 1899
- Mishler Lumber Co. v. CraigMissouri Court of Appeals · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Brook v. BarkerSupreme Court of Missouri · 1921