Darby v. Cabanné
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. cited: 2 Kent’s Com. 226, 453 ; 1 Story on Con. 78; 1 Pars, on Con. 383, 385 ; 1 Coll, on Lunacy, 375, 385, 403; Chitty on Con. 79, 187 ; State v. Hundley, 46 Mo. 414 ; State v. Baird, 47 Mo. 301; Dutcher '■v. Hill, 29 Mo. 271; Eaton v. Perry, 29 Mo. 271. cited: Whittlesey’s Pr., ■■sec. 61, p. 208; Wag. Stat., ch. 74, p. 711.
1Opinion of the CourtBakewell, J.
Defendants demurred to the petition of plaintiff herein, rand, for ground of demurrer, alleged that it does not set forth facts sufficient to constitute a cause of action. The -demurrer was sustained in the court below, and, plaintiff declining to plead further, final judgment was rendered for 'defendants on the demurrer. Plaintiff, having duly saved bis exceptions, and his motion for a new trial being overruled, brings the case here by appeal.
A demurrer, under the 6th subdivision of Article 5 of the Practice Act, stating the grounds of it in the language of ■the subdivision, is sufficient,…
2Cited by2 opinions
- State v. BrownSupreme Court of Missouri · 1950
- Ferguson v. DavidsonMissouri Court of Appeals · 1896