Garner v. McCulLough
Supreme Court of Missouri
'Error to Clinton Circuit Court. The petition states a cause of action. (Ramsours v. Campbell, 19 Mo. 358.) I. The petition does not state facts sufficient to constitute a cause of action. (a) Plaintiff does not state in his petition tlie terms and substance of his contract by which he claims, or upon which he relied. (Bowling v. McFarland, 38 Mo. 465.) (5) The petition fails to show what remedy is sought, or upon what ground the suit is based.
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'Error to Clinton Circuit Court. The petition states a cause of action. (Ramsours v. Campbell, 19 Mo. 358.) I. The petition does not state facts sufficient to constitute a cause of action. (a) Plaintiff does not state in his petition tlie terms and substance of his contract by which he claims, or upon which he relied. (Bowling v. McFarland, 38 Mo. 465.) (5) The petition fails to show what remedy is sought, or upon what ground the suit is based. (Bankston, Adm’r, v. Farris, 26 Mo. 175 ; Biddle v. Boyce, 13 Mo. 532.)
1Opinion of the Court
CureieR, Judge,
delivered tbe opinion of the court.
The defendant answered the petition, and put,in issue the facts therein alleged. At the trial the plaintiff’s evidence was objected *319to and excluded upon the ground that the proof' of all the facts alleged would not warrant a recovery. In other words, the objection was taken in the form of an objection to the evidence, that the petition did not state facts sufficient to constitute a cause of action. It is averred in the petition that the plaintiff, in virtue of a contract with one Evans, was entitled to the exclusive possession of certain…
2Cases cited1 opinion
- Smith v. DeanSupreme Court of Missouri · 1853
3Cited by7 opinions
- Collins v. VernonMissouri Court of Appeals · 1974
- H. W. Curtis & Co. v. CutlerNebraska Supreme Court · 1878
- Deland v. VanstoneMissouri Court of Appeals · 1887
- State ex rel. Monks v. BaconMissouri Court of Appeals · 1887
- McBryde Sugar Co. v. Koloa Sugar Co.Hawaii Supreme Court · 1908
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