Johnson v. Spires
Missouri Court of Appeals
Appeal from Montgomery Circuit Court. — Mon. James D. Barnett, Judge. (1) The case having been settled by the pleadings and no stipulation to dismiss case at cost of defendant* the only authority the circuit court had, was to dismiss the case, and had no right under the pleadings to arbitrarily dismiss case at defendant’s costs and direct a judgment to be entered against him.
Read the full summary
Appeal from Montgomery Circuit Court. — Mon. James D. Barnett, Judge. (1) The case having been settled by the pleadings and no stipulation to dismiss case at cost of defendant* the only authority the circuit court had, was to dismiss the case, and had no right under the pleadings to arbitrarily dismiss case at defendant’s costs and direct a judgment to be entered against him. Murphy v. Smith, 86 Mo. 333. ; (1) This appeal presents nothing for review by this court for the following reasons: (a) Because appellant’s alleged abstract of the record filed herein is insufficient and does not comply…
1Opinion of the CourtAllen, J.
Plaintiff, in his petition herein, averred that he purchased from defendant a certain tract of land, at the price of $45 per acre, not knowing the actual number of acres in the tract, and relying upon statements of the defendant with respect thereto; that defendant falsely represented to plaintiff that the tract contained ninety-seven acres, and that defendant’s deed purported to convey said quantity of land; whereas in fact it contained but seventy and forty-three hundredths acres — an alleged shortage of twenty-six and fifty-seven hundredths acres; that plaintiff paid defendant therefor the…
2Cases cited3 opinions
- Coleman v. RobertsSupreme Court of Missouri · 1908
- Thompson v. Union Elevator Co.Supreme Court of Missouri · 1883
- Schafer v. RobertsMissouri Court of Appeals · 1912
3Cited by1 opinion
- Gilroy-Sims & Associates v. Downtown St. Louis Business DistrictMissouri Court of Appeals · 1987