Barber Asphalt Paving Co. v. Kihlberg Karlsbad Bath Co.
Missouri Court of Appeals
Appeal from Clay Circuit Court. — Eon. Francis E. Trimble, Judge. (1) The court erred in overruling defendant’s demurrer. The plaintiff having attempted to set out the facts in its petition should have set them all out.
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Appeal from Clay Circuit Court. — Eon. Francis E. Trimble, Judge. (1) The court erred in overruling defendant’s demurrer. The plaintiff having attempted to set out the facts in its petition should have set them all out. Under the form of the pleading adopted in the plaintiffs’ petition the omission of material facts would have been ground for a general demurrer, or possibly might have taken advantage of after judgment, and defendants’ special demurrer ought to have been sustained. Carthage v. Bagley, 73 Mo. App. 124. (2) In the absence of a statute governing pleading, the rule is that a…
1Opinion of the CourtJohnson, J.
This suit is for the enforcement of the lien of special taxbills issued by Excelsior Springs, a city of the fourth class, in payment of the cost of paving a public street. Defendants, the owners of the property against which the taxbills were issued, demurred to the petition on the grounds, first, that the petition fails to state a cause of action and, second, that it does not show that the city “had any authority by law to páss its ordinance to pave the street therein mentioned for the reason that said ordinance could only be passed after the proper publication of a-resolution.” The demurrer…
2Cases cited9 opinions
- City of Excelsior Springs v. EttensonMissouri Court of Appeals · 1906
- Cushing v. PowellMissouri Court of Appeals · 1908
- Vieths v. Planet Property & Financial Co.Missouri Court of Appeals · 1895
- City of Carthage ex rel. Carthage National Bank v. BadgleyMissouri Court of Appeals · 1898
- Hunt v. HopkinsSupreme Court of Missouri · 1877
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3Cited by4 opinions
- Fellows v. DorseyMissouri Court of Appeals · 1913
- Bambrick Bros. Construction Co. v. McCormickMissouri Court of Appeals · 1911
- Clay County State Bank v. Health Culture Co.Missouri Court of Appeals · 1937
- The Riverview State Bk. v. CourtneyMissouri Court of Appeals · 1934