Simpson v. Bantley
Missouri Court of Appeals
Writ of Error to Laclede Circuit Court; — Hon. L. B. Woodside, Judge. (1) The court erred in overruling defendant’s objection to any evidence under the petition. Conversion, which is the nature of the action, cannot be maintained. Frazier v. Railroad, 104 Mo. App. 360; Parker v. Rhodes, 79 Mo. 91; Jones v. Furniture Co., 77 M'o.
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Writ of Error to Laclede Circuit Court; — Hon. L. B. Woodside, Judge. (1) The court erred in overruling defendant’s objection to any evidence under the petition. Conversion, which is the nature of the action, cannot be maintained. Frazier v. Railroad, 104 Mo. App. 360; Parker v. Rhodes, 79 Mo. 91; Jones v. Furniture Co., 77 M'o. App. 474. (2) “A reply cannot be used in aid of the petition by introducing for the first time a new cause of action or an additional cause of action, nor to engraft on the petition a material allegation omitted therefrom.” Moss v. Fitch, 111 S. W. 479; Rhodes v.…
1Opinion of the Court
I
COX, J.
Defendant objected to any evidence under the petition on the ground that it did not state a ■ cause of action, and that this is an action at law for *495conversion, and could not be maintained on the facts pleaded for the reason that plaintiff only had an equitable interest in the property, if any at all, and, to maintain conversion, he must have the legal title. Under our code system, there is but one form of civil action, and, as against an objection of this character, if the facts pleaded show any right of recovery, the petition must' be held good, and whether we denominate this an…
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2Cases cited21 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Moss v. FitchSupreme Court of Missouri · 1908
- Carson v. SmithSupreme Court of Missouri · 1896
- Parker v. RodesSupreme Court of Missouri · 1883
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1894
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3Cited by9 opinions
- Brede Decorating, Inc. v. Jefferson Bank & Trust Co.Supreme Court of Missouri · 1961
- Commercial Credit Corp. v. Joplin Automobile Auction Co.Missouri Court of Appeals · 1968
- Chemical Sales Co., Inc. v. Diamond Chemical Co., Inc., and Chemical Sales Co., Inc. v. Diamond Chemical Co., Inc.Court of Appeals for the Eighth Circuit · 1985
- Illinois State Bank of Quincy v. PedersenMissouri Court of Appeals · 1961
- Jacques v. GogginSupreme Court of Missouri · 1952
4 more not listed; retrieve them via the Exa API.