Bender v. Markle
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. O. M. S pen gee, Judge. (1) The first count in the petition in this case shows an action for an accounting between partners, although the prayer would seem to be in assumpsit. The allegations in the pleadings, and not the prayer for relief, determine the nature of the action; and under our statutes the court may give any. relief consistent with the allegations in the pleadings, without regard to what is asked for.
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Appeal from the Buchanan Circuit Court. — Hon. O. M. S pen gee, Judge. (1) The first count in the petition in this case shows an action for an accounting between partners, although the prayer would seem to be in assumpsit. The allegations in the pleadings, and not the prayer for relief, determine the nature of the action; and under our statutes the court may give any. relief consistent with the allegations in the pleadings, without regard to what is asked for. Henderson v. Biclcey, 50 Mo. 161 ; Wright v. Babb, 53 Mo. 340; White v. Rush, 58 Mo. 105; Bank Evans, 51 Mo. 335; Mason v. Black, 87…
1Opinion of the CourtEllison, J.
Plaintiff and defendant were formerly partners engaged in prosecuting and collecting claims against the United States and dealing in real estate. They dissolved in 1871, after a settlement of affairs up *240to that time. The first count in this action is for a sum alleged to be due plaintiff on account of matters transpiring since the dissolution.
The second count is on a note executed by defendant to plaintiff, January 11, 1873, for four hundred dollars, and on which plaintiff entered a credit, July 1, 1878, on account of sale of land, which he held under a deed which defendant directed made to…
2Cases cited7 opinions
- Biddle v. RamseySupreme Court of Missouri · 1873
- Turner v. KerrSupreme Court of Missouri · 1869
- Carr v. MossSupreme Court of Missouri · 1885
- Coudrey v. GilliamSupreme Court of Missouri · 1875
- Mudd v. BastSupreme Court of Missouri · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Cobb v. MartinSupreme Court of Oklahoma · 1912
- Regan v. WilliamsSupreme Court of Missouri · 1905
- Maddox v. DuncanSupreme Court of Missouri · 1898
- Holmquist v. GilbertSupreme Court of Colorado · 1907
- Moffitt v. CarrNebraska Supreme Court · 1896
16 more not listed; retrieve them via the Exa API.