Lackawanna Coal & Iron Co. v. Long
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — How. John G. Park, Judge. The petition is good on general demurrer. Bliss on Code Pleading (3 Ed.), sec. 425a; Stillwell v. Hanson, 97 Mo. 585; Hickory County v. Fugate, 143 Mo. 79; Rodgers v. Fire Ins.
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Appeal from Jackson Circuit Court. — How. John G. Park, Judge. The petition is good on general demurrer. Bliss on Code Pleading (3 Ed.), sec. 425a; Stillwell v. Hanson, 97 Mo. 585; Hickory County v. Fugate, 143 Mo. 79; Rodgers v. Fire Ins. Co., 186 Mo. 255; Railroad v. Adams, 62 N. J. Eq. 661. (1) The copies of the contracts mentioned in the petition and filed as exhibits with it, constitute no, part of it and cannot be used, in passing on the demurrer, to eke out its insufficiency. Curry v. Lackey, 35 Mo. 389; Robinson v. Levy, 217 Mo. 510. (2) A. demurrer admits only facts well pleaded. It…
1Opinion of the CourtLamm, P. J.
Cast, nisi, on a general demurrer to its amended bill in equity, plaintiff stood, suffered judgment and comes up by appeal.
The question here is single and seeks the bill. Omitting caption and description by metes and bounds of the land in question, it best speaks for itself — thus:
“The above named plaintiff for its amended petition states that it is and was at all times hereinafter named a corporation duly organized and existing under the laws of Missouri; that on the 24th day of May, 1906, one E. O. Deshler, by written contract, a copy of which verified by affidavit is herewith filed,…
2Cited by20 opinions
- Thompson v. Farmers Exchange BankSupreme Court of Missouri · 1933
- Long v. Lackawanna Coal & Iron Co.Supreme Court of Missouri · 1911
- Takahashi v. Pepper Tank & Contracting Co.Wyoming Supreme Court · 1942
- State Ex Rel. Siegel v. GrimmSupreme Court of Missouri · 1926
- Nokol Company v. BeckerSupreme Court of Missouri · 1927
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