Smith v. Taylor
Missouri Court of Appeals
Appeal from the Webster Circuit Court. — Hon. Argus Cox, Judge. The petition is sufficient, for the reason that if all the facts alleged therein are true, the petitioner is entitled to the relief prayed for, as the true test of the sufficiency of a petition is whether, if all the facts stated therein are true, the plaintiff is entitled to any relief. Wetmore v. Crouch, 55 Mo.
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Appeal from the Webster Circuit Court. — Hon. Argus Cox, Judge. The petition is sufficient, for the reason that if all the facts alleged therein are true, the petitioner is entitled to the relief prayed for, as the true test of the sufficiency of a petition is whether, if all the facts stated therein are true, the plaintiff is entitled to any relief. Wetmore v. Crouch, 55 Mo. App. 441. The petition alleged every substantive fact which respondent was required to prove to maintain his action, which was all that was required of him. Lanitz v. King, 93 Mo. 513; Harrison v. Railroad, 50 Mo. App.…
1Opinion of the CourtBiggs, J.
This is a proceeding in equity to set aside a judgment and to enjoin the sheriff from selling certain land which had been levied upon under an execution issued on the judgment. The plaintiff in the judgment and the sheriff were made defendants. The court overruled a general demurrer to the petition. The defendants refused to plead further; thereupon the circuit court upon the eAddence adduced by *633plaintiff rendered a decree enjoining the sale and setting aside the judgment. The defendants have appealed.
The equitable intervention of the court is invoked here upon two grounds which are well…
2Cases cited9 opinions
- Vogler v. MontgomerySupreme Court of Missouri · 1874
- Clark v. Covenant Mutual Life InsuranceSupreme Court of Missouri · 1873
- Mason v. BlackSupreme Court of Missouri · 1885
- Merchants Bank v. EvansSupreme Court of Missouri · 1873
- Harrington v. UtterbackSupreme Court of Missouri · 1874
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3Cited by1 opinion
- Henman v. WestheimerMissouri Court of Appeals · 1905