Foster v. Petree

In this case, the trial court held ■ three petitions insufficient upon demurrer, whereupon judgment was rendered dismissing plaintiff’s suit and assessing treble costs against her, in conformity with the provisions of section 796, Revised Statutes' of Missouri, 1929, Missouri Statutes Annotated, page 1046. From this judgment plaintiff prosecutes this appeal.

The provisions of section 796, supra, are mandatory, and if this last demurrer was properly ruled the judgment must stand. [Beardslee v. Morgner, 73 Mo. 22; Gordon v. Burris, 125 Mo. 39, 42; Everett v. Glenn, 35 S. W. (2d) 652.] .

The…