Bush v. Haeussler
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Amos M. Thayer, Judge. Demurrer will not lie for the improper commingling in one count • «of matters that might be properly united in a petition by different counts, but only for the substantial error of uniting, whether in one or different, counts, matters that can not be united at all.
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Appeal from the St. Louis Circuit Court, Amos M. Thayer, Judge. Demurrer will not lie for the improper commingling in one count • «of matters that might be properly united in a petition by different counts, but only for the substantial error of uniting, whether in one or different, counts, matters that can not be united at all. Otis ». Bank, 35 Mo. 128; MuTholland v. Rapp, 50 Mo. 42; Bliss on Code Plead., sect. 412; Bass V; JJomstock, 38 N. Y. 21. Where a person, answerable to two jointly upon a contract, settles with one of them, .so that that one has no longer any interest in the matter in…
1Opinion of the CourtThompson, J.
This is an appeal from a judgment rendered for the defendant upon demurrer to the following petition:
“The plaintiff, by leave of court, files this his amended petition, and states : That, heretofore, on the twentieth day of January, 1881, in a cause then pending in the circuit court of the city of St. Louis, wherein Bank of Commerce ivas the plaintiff, and Glustavus Hoeber was the defendant, being cause No. 52,-389 of the said court, a judgment was rendered in favor of the said Bank of Commerce, the plaintiff, against the said Hoeber, for the sum of $4,750.94, and costs, the said judgment…
2Cases cited6 opinions
- Clark v. CableSupreme Court of Missouri · 1855
- Henry v. Mount Pleasant Township of Bates CountySupreme Court of Missouri · 1879
- Rainey v. SmizerSupreme Court of Missouri · 1859
- Ryan v. RiddleSupreme Court of Missouri · 1883
- Cross v. WilliamsSupreme Court of Missouri · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Churchill v. LammersMissouri Court of Appeals · 1895
- Richey v. BransonMissouri Court of Appeals · 1889
- Home Insurance Co. v. BloomfieldMissouri Court of Appeals · 1910
- Burk v. WhiteMissouri Court of Appeals · 1895
- Bush v. HaeusslerMissouri Court of Appeals · 1888