Missouri Pacific Railway Co. v. McLiney
Missouri Court of Appeals
Appeal from Jaclcson Circuit Court. — Hon. James H. Slovee, Judge. Statement of case by the court. The petition in this suit consisted of three counts. The first and second were each upon a bill of exchange which had been drawn by the defendant.
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Appeal from Jaclcson Circuit Court. — Hon. James H. Slovee, Judge. Statement of case by the court. The petition in this suit consisted of three counts. The first and second were each upon a bill of exchange which had been drawn by the defendant. The third count of the petition was in words and figures following : “And for another and further cause of action, plaintiff says that it is a corporation created under and by virtue of the laws of the state of Missouri, and as such corporation is, and was at the times hereinafter mentioned, engaged in the business of a common carrier of freight and…
1Opinion of the CourtRamsay, J.
— I. The court properly overruled defendant’s demurrer to plaintiff ’s'petition. It was general in its character and was directed at the petition as a whole. If either count of the petition stated a good cause of action, it was the duty of the court to sustain the cause of action thus stated. Roberts v. Walker, 82 Mo. 200. Had defendant filed a separate demurrer to the two first counts of the plaintiff ’ s petition, the trial court, probably, would have sustained them. At least a different question would have been presented to this court. The third count set forth in the foregoing statement,…
2Cases cited6 opinions
- Snyder v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Kreutz v. LivingstonCalifornia Supreme Court · 1860
- Roberts v. WalkerSupreme Court of Missouri · 1884
- Skilling v. BollmanSupreme Court of Missouri · 1881
- Hamlin v. CarruthersMissouri Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Richardson v. Moffitt-West Drug Co.Missouri Court of Appeals · 1902
- Dickson v. Merchants' Elevator Co.Missouri Court of Appeals · 1891
- Mansur v. MurphyMissouri Court of Appeals · 1892
- Young v. EmmkeMissouri Court of Appeals · 1922
2 more not listed; retrieve them via the Exa API.