Bowman v. Shelton
Missouri Court of Appeals
Appeal from Cape Girardeau Court of Common Pleas. — Eon. B. G. Banney, Judge. (1) Plaintiff’s petition is bad, and defendant’s motion requiring plaintiff to elect upon which cause of action she would proceed should have been sustained. Plaintiff’s petition blended in one count four . separate and distinct causes of action, each requiring a separate contract and different and distinct proof thereof. Sec. 1795', R. S. 1909; Loeffel v. Hoss, 11 Mo. App. 135; Pattison, M,o.
Read the full summary
Appeal from Cape Girardeau Court of Common Pleas. — Eon. B. G. Banney, Judge. (1) Plaintiff’s petition is bad, and defendant’s motion requiring plaintiff to elect upon which cause of action she would proceed should have been sustained. Plaintiff’s petition blended in one count four . separate and distinct causes of action, each requiring a separate contract and different and distinct proof thereof. Sec. 1795', R. S. 1909; Loeffel v. Hoss, 11 Mo. App. 135; Pattison, M,o. Code Pleading (1912 Ed.), secs. 251, 252, 253; Bliss on Code Pleading (3 Ed.), secs. 119,120,121; Flowers v. Smith, 214 Mo.…
1Opinion of the CourtReynolds, P. J.
Mrs. Eliza Noland died tbe 30th of January, 1910', on a farm at Bainbridge, Cape Girardeau county, on wbicb farm sbe bad lived and reared ber , family. Sbe was about eighty-four or eighty-five years of age at tbe time of ber death and bad been a widow for a number of years. Tbe farm on which sbe lived and died was- ber own property. By ber last will sbe devised tbe farm to an only daughter, Mrs. Ellen Bowman, who survived ber. Her only other heir at law was a son, Henry Bowman, bus-band of tbe plaintiff here, to whom sbe left five dollars. Henry Bowman bad married tbe plaintiff some…
2Cases cited9 opinions
- Ring v. JamisonSupreme Court of Missouri · 1877
- Sidway v. Missouri Land & Live Stock Co.Supreme Court of Missouri · 1905
- Chadwick v. ChadwickSupreme Court of Missouri · 1893
- Christianson v. McDermott EstateMissouri Court of Appeals · 1907
- MacAdam v. ScudderSupreme Court of Missouri · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cool v. International Shoe Co.Court of Appeals for the Eighth Circuit · 1944
- Hays v. Estate of MillerMissouri Court of Appeals · 1915
- Gammon v. McDowellMissouri Court of Appeals · 1921
- Campbell v. HaydenMissouri Court of Appeals · 1914