Boeckler v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer, J. Legal and equitable causes of action may be stated in separate counts, and must be tried separately. —Henderson v. Dickey, 50 Mo. 161; Jones v. Moore, 42 Mo. 419 ; Crowe v. Peters, 63 Mo. 435. Where matters of law and equity are blended in the same count, the court will not sift it narrowly to see whether or not a good cause of action can be made out, either at law or in equitjq by rejecting all the rest as surplusage; but…
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Appeal from the St. Louis Circuit Court, Thayer, J. Legal and equitable causes of action may be stated in separate counts, and must be tried separately. —Henderson v. Dickey, 50 Mo. 161; Jones v. Moore, 42 Mo. 419 ; Crowe v. Peters, 63 Mo. 435. Where matters of law and equity are blended in the same count, the court will not sift it narrowly to see whether or not a good cause of action can be made out, either at law or in equitjq by rejecting all the rest as surplusage; but it will be held on demurrer, or in arrest, or on writ of error or appeal, as not containing any cause of action whatever…
1Opinion of the CourtThompson, J.
A motion for rehearing filed by the plaintiff in this case has served to call our attention to the fact that the opinion •of the court already delivered does not dispose of the question arising in the plaintiff’s appeal, whether the court Tightly refused to enjoin the continuation of the trespass and dismissed the second count for want of equity. It is not necessary to grant a rehearing in order to dispose of this •question, as the briefs and arguments already filed afford •us all the aid necessary. We will therefore overrule the motion for rehearing, and will look into the record for the…
2Cases cited8 opinions
- Echelkamp v. SchraderSupreme Court of Missouri · 1870
- Crowe v. PetersSupreme Court of Missouri · 1876
- Evans v. Missouri, Iowa & Nebraska Railway Co.Supreme Court of Missouri · 1877
- Weigel v. WalshSupreme Court of Missouri · 1870
- Burgess v. KattlemanSupreme Court of Missouri · 1867
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