Summers v. Keller
Missouri Court of Appeals
Writ of Error to the Jasper Circuit Court. — Hon. Haywood Scott, Judge. (1) A general demurrer is good at any stage of the cause of action. Hyatt v. Association, 106 Mo. App. 610. (2) If'the petition ■ contains two causes of action which are of such character that they cannot 'legally be joined in one petition, demurrer is the proper pleading to reach the irregularity. Lane v. Dowd, 172 Mo. 167; Williams Co. v. Bolivar, 122 Mo.
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Writ of Error to the Jasper Circuit Court. — Hon. Haywood Scott, Judge. (1) A general demurrer is good at any stage of the cause of action. Hyatt v. Association, 106 Mo. App. 610. (2) If'the petition ■ contains two causes of action which are of such character that they cannot 'legally be joined in one petition, demurrer is the proper pleading to reach the irregularity. Lane v. Dowd, 172 Mo. 167; Williams Co. v. Bolivar, 122 Mo. App. 150. (3) A conspiracy is a combination by two or more persons to do a thing criminal or unlawful in itself. State y. Kennedy, 177 Mo. 98. (4) The instructions…
1Opinion of the CourtNixon, P. J.
Defendant in error brought suit against plaintiff in error in the circuit court of Jasper county to recover the value of two certificates of deposit • — one of $500 and the other for $300 — and for exemplary or punitive damages for the manner in which the plaintiffs in error, as he charged, had secured possession of the certificates of deposit..
The first three counts of the petition relates to the certificate of deposit for $500, issued by the Webb City Bank, and the three counts are drawn for the same cause of action, but to present different theories of the case. Counts four, five and six…
2Cases cited23 opinions
- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
- Hubbard v. SlavensSupreme Court of Missouri · 1909
- Baldwin v. WhitcombSupreme Court of Missouri · 1880
- Long v. NuteMissouri Court of Appeals · 1907
- Carson v. SmithSupreme Court of Missouri · 1896
18 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Beggs v. Universal CIT Credit CorporationSupreme Court of Missouri · 1966
- State v. ConwaySupreme Court of Missouri · 1941
- Colbert v. Journal Publishing Co.New Mexico Supreme Court · 1914
- Maugh v. Chrysler Corp.Missouri Court of Appeals · 1991
- Finke v. BoyerSupreme Court of Missouri · 1932
16 more not listed; retrieve them via the Exa API.