Grant v. Hathaway
Missouri Court of Appeals
Appeal from Callaway Circuit Court. — Hon. Alexander H. Waller, Judge. (1) There is an improper joinder of two causes of action in the petition. (2) The court should have sustained defendant’s objection to the introduction of any evidence for the reason that the petition does not state facts sufficient to constitute a cause of action.
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Appeal from Callaway Circuit Court. — Hon. Alexander H. Waller, Judge. (1) There is an improper joinder of two causes of action in the petition. (2) The court should have sustained defendant’s objection to the introduction of any evidence for the reason that the petition does not state facts sufficient to constitute a cause of action. In the. first count plaintiff does not state that deceased was at the time of his death the owner of the property named, but says “be died seized and possessed of tbe following described personal property.” Deyerle v. Hunt, 50 Mo. App. 541; Mfg. Co. v. Jones, 60…
1Opinion of the Court
BROADDUS, P. J. —
The plaintiff, as administrator of the estate of D. S. W. Hathaway, instituted suit against the defendant on two counts; the first is in the nature of a replevin for certain personal property, and the second for the conversion of the same property. Before the case was finally submitted to the jury, the plaintiff took a nonsuit as to the first count, and the cause was submitted on the second count. The finding and judgment were for the plaintiff, from which defendant appealed.
The defendant has renewed in this court the contest he waged in the trial court as to the…
2Cases cited1 opinion
- Deane v. HouserMissouri Court of Appeals · 1900
3Cited by6 opinions
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- Edlen v. TweedMissouri Court of Appeals · 1956
- Newsom v. CothraneSupreme Court of North Carolina · 1923
- WILSON REDEVELOPMENT COMMISSION v. StewartCourt of Appeals of North Carolina · 1968
- California Land & Construction Co. v. HalloranUtah Supreme Court · 1932
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