Sidway v. Missouri Land & Live Stock Co.
Supreme Court of Missouri
Appeal from Polk Circuit Court . — Eon. Argus Cox, Judge. (1) All the rulings of our courts are to the effect that the statute is penal and is to be strictly construed. Both Tool Co. v. Champ Spring Co., 108 Mo. App. 618; Bennett v. Bank, 61 Mo. App. 302; Spurlock v. Bail-road, 93 Mo. 16; Spurlock v. Bailroad, 93 Mo. 536; Barton Bros. v. Martin, 54 Mo.
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Appeal from Polk Circuit Court . — Eon. Argus Cox, Judge. (1) All the rulings of our courts are to the effect that the statute is penal and is to be strictly construed. Both Tool Co. v. Champ Spring Co., 108 Mo. App. 618; Bennett v. Bank, 61 Mo. App. 302; Spurlock v. Bail-road, 93 Mo. 16; Spurlock v. Bailroad, 93 Mo. 536; Barton Bros. v. Martin, 54 Mo. App. 137. The statute in question, section 623, provides that if a third petition is adjudged insufficient on demurrer or the whole or some part is stricken out on-motion, then no further petition can be filed, etc. This clearly refers to the…
1Opinion of the CourtFox, J.
This cause is no.w again before this • court upon appeal for the third time. This time it is brought here by the plaintiff who appeals from a judgment of the Polk Circuit Court dismissing his cause and entering a judgment against him for the recovery of certain costs. The judgment in this cause is predicated upon the following motion filed in the cir*364cuit court of Polk county. Omitting formal parts, it is as follows:
“The above-named defendant comes now and moves the court to render judgment therein for the defendant as follows:
“1. For judgment against the plaintiff upon the pleadings herein.
“2.…
2Cases cited3 opinions
- Sidway v. Missouri Land & Live Stock Co.Supreme Court of Missouri · 1901
- Sidway v. Missouri Land & Live Stock Co.Supreme Court of Missouri · 1905
- Spurlock v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
3Cited by2 opinions
- B. Roth Tool Co. v. Champ Spring Co.Missouri Court of Appeals · 1909
- Bank of Tupelo v. StonumMissouri Court of Appeals · 1926