Butts v. Phelps
Supreme Court of Missouri
Appeal from Webster Circuit Court.— Hon. Ben. Y. Alton, Judge. (1) Plaintiff’s amended petition or statement of cause of action in this cause is insufficient. It fails to state facts sufficient to constitute any cause of action within section 2852, Revised Statutes.
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Appeal from Webster Circuit Court.— Hon. Ben. Y. Alton, Judge. (1) Plaintiff’s amended petition or statement of cause of action in this cause is insufficient. It fails to state facts sufficient to constitute any cause of action within section 2852, Revised Statutes. Casey v. Ciarle, 2 Mo. 12; Odie v. Ciarle, 2 Mo. 13; Wathen v. Farr, 8Mo. 324 ; Breshears v. Strode, 46 Mo. 221; Swartz v. Nicholson, 65 Mo. 508 ; Iba v. Railroad, 45 Mo. 470 ; Butts v. Phelps, 79 Mo. 302. (2) The court below committed error in overruling defendant’s objections to plaintiff ’ s testimony; it was, at most, but…
1Opinion of the Court
Rat,- J.-—
This cause has, once before, been in this court, when it was reversed and remanded, on account of the insufficiency of the statement (see 79 Mo. 302). Thereafter, plaintiff filed an amended statement in the-cause, and a re-trial thereof has again resulted in a verdict and judgment in favor of the plaintiff, from which defendant has again appealed to this court.
The material facts of the case, as detailed in the present record, are, in substance, that McAlpine & Butts, in the winter of 1875 and 1876, sold three mules to Stroud & McBride, who lived at or near Watson, in the state off…
2Cases cited1 opinion
- Butts v. PhelpsSupreme Court of Missouri · 1883
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- First Nat. Bank of Madill v. CollinsSupreme Court of Oklahoma · 1911
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