City of Joplin ex rel. Carthage Dimension & Flag Stone Co. v. Hollingshead
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. J. D. Perkins, Judge. (1) Tbe petition nor either count thereof states any cause of action. Irvin v. Devors, 65 Mo. 625; Heman v. Allen, 156 Mo. 534; Stifel v. Dougherty, 6 Mo. App. 441. (2) The sufficiency of the petition must be determined alone by the allegations contained therein and the want of proper and necessary allegations cannot be aided by considering the instruments filed as the basis of the action.
Read the full summary
Appeal from Jasper Circuit Court. — Eon. J. D. Perkins, Judge. (1) Tbe petition nor either count thereof states any cause of action. Irvin v. Devors, 65 Mo. 625; Heman v. Allen, 156 Mo. 534; Stifel v. Dougherty, 6 Mo. App. 441. (2) The sufficiency of the petition must be determined alone by the allegations contained therein and the want of proper and necessary allegations cannot be aided by considering the instruments filed as the basis of the action. Vaughan v. Daniels, 98 Mo. 230; Pomeroy v. Fullerton, 113 Mo. 440; State to use v. Samuels, 28 Mo. App. 649; Merrill v. Trust Co., 46 Mo. App.…
1Opinion of the CourtJohnson, J.
Action on two special taxbills issued by a city of the third class. The subject of the first count in the petition is a sewer bill and that of the second a bill for the construction of a sidewalk. Plaintiff recovered judgment on each count.
It is insisted by defendant that neither count contains the statement of a cause of action. In the first, *605after alleging the incorporation of the city of Joplin as a city of the third class, the petition states “that on tie 11th day of March, 1899, the said city of Joplin by its proper officers duly authorized so to do, issued to one, E. J. Overly, a…
2Cases cited6 opinions
- State v. GilmoreSupreme Court of Missouri · 1892
- Heman v. AllenSupreme Court of Missouri · 1900
- Vaughan v. DanielsSupreme Court of Missouri · 1889
- Vieths v. Planet Property & Financial Co.Missouri Court of Appeals · 1895
- Mabray v. Kelly-Goodfellow Shoe Co.Missouri Court of Appeals · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Elmendorf v. City of San AntonioCourt of Appeals of Texas · 1920
- Meyers v. WoodMissouri Court of Appeals · 1913
- City of Joplin ex rel. McKee v. FreemanMissouri Court of Appeals · 1907
- City of Gallatin ex rel. Poage v. NethertonMissouri Court of Appeals · 1915
- First National Bank v. ShewalterMissouri Court of Appeals · 1911
3 more not listed; retrieve them via the Exa API.