Walsh v. First National Bank
Missouri Court of Appeals
Appeal from Barry Circuit Court. — Hon. F. O. Johns: ton, Judge. (1) The reasonableness or unreasonableness of the action of the council cannot be questioned, unless fraud be shown and none was pleaded in this case. Akers v. Kalkmeyer, 97 Mo. App. 520; Miller v. Anheuser, 2 Mo.
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Appeal from Barry Circuit Court. — Hon. F. O. Johns: ton, Judge. (1) The reasonableness or unreasonableness of the action of the council cannot be questioned, unless fraud be shown and none was pleaded in this case. Akers v. Kalkmeyer, 97 Mo. App. 520; Miller v. Anheuser, 2 Mo. App. 168; State ex rel. v. Birch, 186 Mo. 221; Hernán v. Schulte, 166 Mo. 409. (2) The burden in cases of this character is on plaintiff and the evidence must be confined to the allegations in the petition. Huling v. Flagstone Co., 87 Mo. App. 349; Dunnegan v. Greene, 165 Mo. 98; Claflin v. Sylvester, 99 Mo. 276;…
1Opinion of the Court
COX, J. —
It is first contended by respondent that appellant has failed to comply with the rules of this court in filing abstract of the record, and insists that appellant should suffer the penalty prescribed by the rules for his neglect. Appellant admits that he has not complied strictly with our rules, but excuses himself upon the ground that this case first went to the Kansas City Court of Appeals and was transferred to this court, and that he had not noticed the difference in the rules. We shall accept the excuse and pass that point. It is next contended by respondent that there is no *645prope…
2Cases cited9 opinions
- Strong v. Phœnix InsuranceSupreme Court of Missouri · 1876
- Johnson v. DuerSupreme Court of Missouri · 1893
- Neenan v. SmithSupreme Court of Missouri · 1875
- Wood v. EnselSupreme Court of Missouri · 1876
- First National Bank v. ArnoldiaSupreme Court of Missouri · 1876
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3Cited by9 opinions
- Potter v. WhittenMissouri Court of Appeals · 1913
- City of Springfield ex rel. Bank of Commerce v. BaxterMissouri Court of Appeals · 1914
- Pflueger v. KinseySupreme Court of Missouri · 1928
- City of Grant City Ex Rel. O'Neil v. SalmonMissouri Court of Appeals · 1926
- City of Jackson Ex Rel. Cape County Savings Bank v. HouckMissouri Court of Appeals · 1931
4 more not listed; retrieve them via the Exa API.