Bowling v. McFarland
Supreme Court of Missouri
Appeal from Ralls Circuit Court. The petition-was as follows: — “Plaintiff states that on the eighth day of December, 1863, the defendant executed under his hand, as did also the plaintiff, an agreement of writing of that date, a true copy ofwhich is herewith filed, the original not being in the power, possession or control of the plaintiff on account of its having been placed by the. plaintiff and defendant in the possession of one Allen Hall for safe-keeping, and said Hall…
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Appeal from Ralls Circuit Court. The petition-was as follows: — “Plaintiff states that on the eighth day of December, 1863, the defendant executed under his hand, as did also the plaintiff, an agreement of writing of that date, a true copy ofwhich is herewith filed, the original not being in the power, possession or control of the plaintiff on account of its having been placed by the. plaintiff and defendant in the possession of one Allen Hall for safe-keeping, and said Hall has left- the State, and has placed the said agreement in the hands of Barton Green with instructions not to deliver…
1Opinion of the CourtHolmes, Judge
The cause of action was founded upon a written instrument, of which a copy was filed with the petition ; but the petition did not state the terms and substance of the contract. It has been already decided that in determining the sufficiency of the petition, the averments contained in it can alone be considered; and that the instrument filed as an exhibit constitutes no part of the petition—Baker v. Berry, 37 Mo. 306 ; Curry v. Lackey, 35 Mo. 392. The forms contained in the Practice Act of 1849 were a part of the statutes, but the forms recommended by the editor of the Revised Statutes of 1855…
2Cases cited1 opinion
- Baker v. BerrySupreme Court of Missouri · 1866
3Cited by13 opinions
- Vaughan v. DanielsSupreme Court of Missouri · 1889
- C. Aultman & Co. v. SiglingerSouth Dakota Supreme Court · 1892
- Reed Bros. v. NicholsonSupreme Court of Missouri · 1900
- Staley House Furnishing Co. v. WallaceMissouri Court of Appeals · 1886
- State ex rel. Public Schools of Stoddard County v. CrumbSupreme Court of Missouri · 1900
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