Boeckler v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer, J. Legal and equitable causes of action may be stated in separate counts, and must be tried separately. —Henderson v. Dickey, 50 Mo. 161; Jones v. Moore, 42 Mo. 419 ; Crowe v. Peters, 63 Mo. 435. Where matters of law and equity are blended in the same count, the court will not sift it narrowly to see whether or not a good cause of action can be made out, either at law or in equitjq by rejecting all the rest as surplusage; but…
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Appeal from the St. Louis Circuit Court, Thayer, J. Legal and equitable causes of action may be stated in separate counts, and must be tried separately. —Henderson v. Dickey, 50 Mo. 161; Jones v. Moore, 42 Mo. 419 ; Crowe v. Peters, 63 Mo. 435. Where matters of law and equity are blended in the same count, the court will not sift it narrowly to see whether or not a good cause of action can be made out, either at law or in equitjq by rejecting all the rest as surplusage; but it will be held on demurrer, or in arrest, or on writ of error or appeal, as not containing any cause of action whatever…
1Opinion of the CourtThompson, J.
Our Code of Practice provides that “the plaintiff may unite in the same petition several causes of action, whether they be such as have heretofore been denominated legal or equitable, or both, where they arise out of * * * •injuries, with or without force, to person or property. * * * But the causes of action so united must all belong to one of these classes, and must affect all the parties to the action, and not require different places of trial, and must be separately stated, with the relief sought for each cause of action, in such manner that they may be intelligently distinguished.” Rev.…
2Cases cited7 opinions
- Henderson v. DickeySupreme Court of Missouri · 1872
- Silvers v. Junction RailroadIndiana Supreme Court · 1873
- Crowe v. PetersSupreme Court of Missouri · 1876
- Jones v. MooreSupreme Court of Missouri · 1868
- Potter v. EarnestIndiana Supreme Court · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- St. Louis Gas-Light Co. v. City of St. LouisMissouri Court of Appeals · 1881
- State Ex Rel. Schoenbacher v. KellyMissouri Court of Appeals · 1966
- Alaska Development Co. v. BrannanWyoming Supreme Court · 1929
- Sills v. GoodyearMissouri Court of Appeals · 1899
- Blumenberg v. MintonMissouri Court of Appeals · 1974
6 more not listed; retrieve them via the Exa API.