Staley House Furnishing Co. v. Wallace
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Amos M. Thayer, Judge. The omission to allege that “property is wrongfully detained,” is fatal upon motion in arrest or upon error. The gist of the action is the wrongful detainer. McDonald v. Walton, 2 Mo. 48. Again, the petition fails to describe the property. The property is described in an exhibit attached to the petition. Exhibits constitute no part of the petition. Peake v. Bell, 65 Mo. 224; Hogan v. Christy, 3 Mo.
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Appeal from the St. Louis Circuit Court, Amos M. Thayer, Judge. The omission to allege that “property is wrongfully detained,” is fatal upon motion in arrest or upon error. The gist of the action is the wrongful detainer. McDonald v. Walton, 2 Mo. 48. Again, the petition fails to describe the property. The property is described in an exhibit attached to the petition. Exhibits constitute no part of the petition. Peake v. Bell, 65 Mo. 224; Hogan v. Christy, 3 Mo. App. 566; Burdsal v. Davies, 58 Mo. 138; Railroad v. Kundson, 62 Mo. 569. These defects in the petition are fatal on appeal. Donovan…
1Opinion of the CourtRombauer, J.
This is an action for the recovery of specific personal property. The trial of the cause by the court sitting as a jury, resulted in a verdict and judgment for the plaintiff for possession of the property and nominal damages. One of the errors assigned by the defendants appealing iSj that the petition fails to state facts sufficient to constitute a cause of action, and can not support the judgment.
The petition is in the following words : “ The plaintiff states that it is a corporation duly organized and existing under and by virtue of the laws of the state of Missouri, and that it is the…
2Cases cited9 opinions
- Bateson v. ClarkSupreme Court of Missouri · 1865
- International Bank v. Franklin CountySupreme Court of Missouri · 1877
- Frazer v. RobertsSupreme Court of Missouri · 1862
- State ex rel. Reid v. GriffithSupreme Court of Missouri · 1876
- Jones v. TullerSupreme Court of Missouri · 1866
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Greer v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
- Houck v. BridwellMissouri Court of Appeals · 1888
- Story v. American Central InsuranceMissouri Court of Appeals · 1895
- Boatmen's Saving Bank v. McMenamyMissouri Court of Appeals · 1889
- State ex rel. Monks v. BaconMissouri Court of Appeals · 1887
7 more not listed; retrieve them via the Exa API.