Williams Cooperage Co. v. Bollinger
Missouri Court of Appeals
Appeal from Bollinger Circuit Court. — Ron. Robert A. Anthony, Judge. (1) Legal and equitable causes of action may be set forth in the same petition if separately stated, and where they arise- out of the same transaction or transactions connected with the subject of action. Sec. 593, R. S. 1899; Henderson v. Dickey, 50 Mo. 165; Morrison v. Herrington, 120 Mo. 669; McHoney y. Ins. Co., 44 Mo.
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Appeal from Bollinger Circuit Court. — Ron. Robert A. Anthony, Judge. (1) Legal and equitable causes of action may be set forth in the same petition if separately stated, and where they arise- out of the same transaction or transactions connected with the subject of action. Sec. 593, R. S. 1899; Henderson v. Dickey, 50 Mo. 165; Morrison v. Herrington, 120 Mo. 669; McHoney y. Ins. Co., 44 Mo. App. 428. (2) The counts, it is true, belong to separate classes, but they are separately stated, with appropriate relief sought in each, precisely as by law is required. (1) This court wall observe that…
1Opinion of the CourtBland, P. J.
Omitting caption and signatures, the petition is as follows:
“Plaintiff states that it is a corporation duly organised and existing under and by virtue of the laws of the State of Missouri, and that the defendant, Alex. Martin, is the duly elected, qualified and acting constable of Wayne township, Bollinger county, Missouri.
“Plaintiff for its cause of action states that on or about the-day of April, 1904, it is informed and so states the facts to be that the above named defendant, B. H. Bollinger, instituted some kind of legal proceedings against this plaintiff before one M. E. Helton, a…
2Cases cited3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. ReynoldsSupreme Court of Missouri · 1886
- Rogers v. Mercantile Adjuster Publishing Co.Missouri Court of Appeals · 1906
- Straub v. SimpsonMissouri Court of Appeals · 1898