State ex rel. De Haven v. Davis
Supreme Court of Missouri
Appeal from Harrison Circuit Court. Sait apon a sheriff’s bond. Breach, that the sheriff had, upon divers specified executions, collected for the relators .specified sums taxed for printing orders of publication. Defendant demurred for the reasons — 1. That several causes of action were united under one count; 2. That the petition showed no cause of action in the relators ; 3. That there was a defect of parties plaintiff.
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Appeal from Harrison Circuit Court. Sait apon a sheriff’s bond. Breach, that the sheriff had, upon divers specified executions, collected for the relators .specified sums taxed for printing orders of publication. Defendant demurred for the reasons — 1. That several causes of action were united under one count; 2. That the petition showed no cause of action in the relators ; 3. That there was a defect of parties plaintiff. The court sustained the demurrer and the plaintiff appealed.
1Opinion of the CourtDrydeN, Judge
1. The objection raised by the demurrer in this case, that several causes of action were improperly united in the petition, was not well taken. The provision of our code (R. C. 1855, p. 231, § 6) making' the improperly uniting several causes of action a ground of demurrer, was borrowed from the New York code. The courts of that State have for a a long time held that the ground of demurrer in their code, corresponding to the one now under consideration in our code, has application to the union in the same petition of causes of action belonging to different classes contrary to the provisions of…
2Cited by9 opinions
- Eastland County v. DavissonTexas Commission of Appeals · 1929
- State ex rel. Wolff v. BerningSupreme Court of Missouri · 1881
- Markota v. East Ohio Gas Co.Ohio Supreme Court · 1951
- Zeideman v. MolaskyMissouri Court of Appeals · 1906
- Boyce v. ChristySupreme Court of Missouri · 1870
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