Byrne v. Carson
Missouri Court of Appeals
Appeal from the Jackson Circuit Cou/rt. — Hon. E. L. Scabbitt, Judge. (1) Petition does not state facts sufficient to constitute a cause of action and inconsistent causes joined. Eo consideration for promise to extend time. Swaggard v. Hancock, 25 Mo. App. 596; R. 8.1889, Frauds and Perjuries. (2) No proof that this defendant had notice of time extended by Griffin, verbally as alleged, and such extension not .good as against this defendant, if proven.
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Appeal from the Jackson Circuit Cou/rt. — Hon. E. L. Scabbitt, Judge. (1) Petition does not state facts sufficient to constitute a cause of action and inconsistent causes joined. Eo consideration for promise to extend time. Swaggard v. Hancock, 25 Mo. App. 596; R. 8.1889, Frauds and Perjuries. (2) No proof that this defendant had notice of time extended by Griffin, verbally as alleged, and such extension not .good as against this defendant, if proven. R. S. 1889, see statute of frauds. (3) We submit that a court of equity, whilst its power is great, should be limited by rules of law to the…
1Opinion of the CourtSmith, P. J.
! ^practice^prerecord.0"' This is a suit in equity wherein the decree recites that it is “consolidated and tried as one cause,” but as to what was the nature of the other suit so consolidated with the present one, we are left to conjecture, as neither the decree nor the record elsewhere gives any intimation. This would seem to constitute an insurmountable barrier to any interference on our part with the decree in the consolidated case. '“ Omnia praeswnwnter rite et solemnitur esse acta, clonec probiktr in contrarmm.”
statement The object of this suit as is disclosed by the petition was to…
2Cases cited3 opinions
- Thornton v. IrwinSupreme Court of Missouri · 1869
- Moore v. ThompsonMissouri Court of Appeals · 1890
- Routt v. MilnerMissouri Court of Appeals · 1894
3Cited by2 opinions
- Dwyer v. RohanMissouri Court of Appeals · 1903
- Pueblo Real Estate, Loan & Investment Co. v. JohnsonSupreme Court of Missouri · 1938