Demske v. Hunter
Missouri Court of Appeals
Appeal from Morgan Circuit Court, Hon. E. L. Edwards, Judge. The case is stated in the opinion. I. The instructions given for plaintiff were erroneous, and submit issues which were not raised. There was no allegation of fraud or false representations in the petition. Smith v. Sims, 77 Mo. 274; Parker v. Marquis, 64 Mo. 38. The petition shall contain a plain and concise statement of the facts constituting a cause of action without unnecessary repetition.
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Appeal from Morgan Circuit Court, Hon. E. L. Edwards, Judge. The case is stated in the opinion. I. The instructions given for plaintiff were erroneous, and submit issues which were not raised. There was no allegation of fraud or false representations in the petition. Smith v. Sims, 77 Mo. 274; Parker v. Marquis, 64 Mo. 38. The petition shall contain a plain and concise statement of the facts constituting a cause of action without unnecessary repetition. Sect. 3511, Rev. Stat. If plaintiff had any right of recovery, it was upon the ground of the rescission of the contract for fraud or false…
1Opinion
*470 Motion for Rehearing.
The motion for rehearing in this cause is based on three grounds, neither of which we consider tenable.
I. Notwithstanding the record outside the bill of exceptions may show the filing of motion for new trial it must yet appear in the bill that it was filed within four days. State ex rel. Estes v. Gaither, supra. So ‘ ‘ in the absence of a bill of exceptions, it cannot appear that a motion for new trial was filed in time.” Haarstick v. Shields, supra.
II. The authorities cited in the original opinion,, when taken together, show that it must be made to appear by the bill,…
2Cases cited4 opinions
- Fine v. RogersSupreme Court of Missouri · 1851
- Robinson v. HoodSupreme Court of Missouri · 1878
- Wagner v. JacobySupreme Court of Missouri · 1858
- Prince v. ColeSupreme Court of Missouri · 1859