Jamison v. Bagot
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) On tlie trial the plaintiff abandoned the case ■stated in his petition, and without warning sprung a new case of fraud, affecting Mrs. Bobb’s title to the property, which was not alluded to in his petition, and was based on an entirely new theory. This demands a reversal of the judgment.
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Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) On tlie trial the plaintiff abandoned the case ■stated in his petition, and without warning sprung a new case of fraud, affecting Mrs. Bobb’s title to the property, which was not alluded to in his petition, and was based on an entirely new theory. This demands a reversal of the judgment. The particular acts of fraud and the particular case on which recovery is sought must be fully stated in the petition. Reed v. 'Bott, 100 Mo. 62, and cases cited ; 2 Ban. Oh. Pr. [ Perk. Ed.] 856, and cases cited in note; Gresley ’ s…
1Opinion of the CourtThomas, J.
The petition in this case is in the nature of a creditor’s bill, and it seeks to set aside and *245cancel certain conveyances mentioned therein, and to subject the land described in them, situated in the city of St. Louis, to the payment of a judgment in favor of plaintiffs against Charles Bobb,' one of the defendants, for the sum of $82,185.16, rendered June .15, 1878. In substance, the petition avers that the debt for which said judgment was rendered by the circuit court of the city of St. Louis accrued during the years 1848 to 1869, inclusive; that John S. Miller held a deed of trust on the…
2Cases cited12 opinions
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- Whiteside v. JacksonNew York Supreme Court · 1828
- Reed v. BottSupreme Court of Missouri · 1889
- Dunkman v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1888
- Griveaud v. St. Louis Cable & Western Railway Co.Missouri Court of Appeals · 1889
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3Cited by6 opinions
- Eggleston v. SheldonWashington Supreme Court · 1915
- Reyburn v. SpiresSupreme Court of Missouri · 1963
- McLaren v. International Real Estate & Improvement Co.Missouri Court of Appeals · 1907
- New England Loan & Trust Co. v. BrowneSupreme Court of Missouri · 1903
- Commerce Bank of Lebanon v. Halladale A Corp.Missouri Court of Appeals · 1981
1 more not listed; retrieve them via the Exa API.