State v. Matson
Supreme Court of Missouri
Appeal from, Ralls Circuit Court. The petition shows no cause of action whatever, and, although there was no motion in arrest, the judgment should be reversed if the petition is so defective that no judgment could be rendered. A glance at the petition discloses the absence of any averment showing the right of plaintiff to sue ; it fails to show in what character they sue, or that they are in any manner interested in or connected with the alleged breaches of the bond.
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Appeal from, Ralls Circuit Court. The petition shows no cause of action whatever, and, although there was no motion in arrest, the judgment should be reversed if the petition is so defective that no judgment could be rendered. A glance at the petition discloses the absence of any averment showing the right of plaintiff to sue ; it fails to show in what character they sue, or that they are in any manner interested in or connected with the alleged breaches of the bond. For aught that appears in the petition, the plaintiffs are total strangers to the cause of action attempted to be set forth,…
1Opinion of the CourtFagg, Judge
The first question that arises in this case is as to the legal sufficiency of the petition. It is contended that such a question ought not to be considered here, for the reason that there was no demurrer or motion in arrest of judgment in the court below; and in accordance with the provisions of §§ 33 & 34, art. 14, of the “ Act in relation to practice in civil cases” (R. C. 1855), and the former decisions of this court, it is now too late to take advantage of it. An examination of the authorities cited leads me to the conclusion that in these cases this point was not raised at all. In the…
2Cases cited1 opinion
- Bateson v. ClarkSupreme Court of Missouri · 1865
3Cited by20 opinions
- Lilly v. MenkeSupreme Court of Missouri · 1894
- Jones v. ManlySupreme Court of Missouri · 1875
- Fuggle v. HobbsSupreme Court of Missouri · 1868
- Dodson v. ScroggsSupreme Court of Missouri · 1871
- Weil v. Greene CountySupreme Court of Missouri · 1878
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