Clark v. City of Humansville, Missouri

STONE, Presiding Judge.

In this action for damages of $5,-400, plaintiffs’ appeal is from the order of the circuit court sustaining defendant’s motion to dismiss plaintiffs’ petition for failure to state a claim upon which relief could be granted. Since the order did not specify otherwise, the dismissal was with prejudice and operated as an adjudication upon the merits. Rule 67.03, V.A.M.R.; V.A.M.S. § 510.150. Of course, the motion to dismiss admitted, for the purposes of'the motion, the truth of all facts well pleaded therein and any inferences fairly deducible therefrom; and, on this…