Megraw v. Woods
Missouri Court of Appeals
Error to Howard Circuit Court. — Hon. Jno. A. Hockaday, Judge. (1) Tbe petition does not state facts sufficient to constitute a cause of action against the defendant in error, Rowena A. Woods, and the last proviso of section 4340, Revised Statutes 1899, which proviso was passed by way of amendment in 1895, is itself a complete answer to the contention of plaintiff in error to the effect that the purpose of the section is merely to require the court to determine whether…
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Error to Howard Circuit Court. — Hon. Jno. A. Hockaday, Judge. (1) Tbe petition does not state facts sufficient to constitute a cause of action against the defendant in error, Rowena A. Woods, and the last proviso of section 4340, Revised Statutes 1899, which proviso was passed by way of amendment in 1895, is itself a complete answer to the contention of plaintiff in error to the effect that the purpose of the section is merely to require the court to determine whether separate personal property of the wife is legally liable to execution for the debt and that other questions should be…
1Opinion of the CourtEllison, J.
This is an action against husband and wife to recover judgment for balance due for rent of house1 which was occupied by them as a' family residence. There was a demurrer to the petition and, it being sustained by the-trial court, plaintiff declined to amend and has brought the-case here.
It was conceded that a house, as a residence for the family, was included in family necessaries. Reed v. Crissy, 63 Mo. App. 184. The particular ground of the demurrer is that the property sought to be held was not described in the petition.
There are two sections of the statute which provide that the wife’s…
2Cases cited10 opinions
- Gabriel v. MullenSupreme Court of Missouri · 1892
- Bedsworth v. BowmanSupreme Court of Missouri · 1890
- Pippin v. Jones & Co.Supreme Court of Alabama · 1875
- Cauly v. BlueSupreme Court of Alabama · 1878
- Gabriel v. MullenMissouri Court of Appeals · 1888
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3Cited by4 opinions
- Moran v. MontzMissouri Court of Appeals · 1914
- Dougherty v. McClellandMissouri Court of Appeals · 1916
- Fenske v. EpperlyMissouri Court of Appeals · 1927
- White v. WilsonMissouri Court of Appeals · 1904