Campbell v. Boyers
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon D. G. Taylor, Judge. (1) The judgment in this cause is irregular and unsupported by the record proper in at least two particulars. The record shows that the second amended petition filed after the case had been tried, contained for the first time, a number of allegations that are not contained in the two preceding petitions.
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Appeal from St. Louis City Circuit Court. — Hon D. G. Taylor, Judge. (1) The judgment in this cause is irregular and unsupported by the record proper in at least two particulars. The record shows that the second amended petition filed after the case had been tried, contained for the first time, a number of allegations that are not contained in the two preceding petitions. No opportunity was ever given to the defendant Boyers to plead to this second amended petition or to offer evidence with respect to these new charges. No answer of the defendant Boyers was ever filed or considered by the…
1Opinion of the CourtKennish, J.
— This is an appeal from a judgment of the circuit court of the city of St. Louis, in favor of plaintiffs, in an equity case. Defendants appealed.
The pleadings are of too gr,eat length to be set out in this opinion. Tn the second amended petition, on which the final decree was entered, it is alleged, in brief: That the plaintiffs are two women, unaccustomed to the transaction of business, and that the defendant Boyers, an architect and builder, was regarded as an old and trusted friend of the family; that plaintiffs owned and resided upon a lot in said city and, with a view of improving the…
2Cases cited24 opinions
- Clarke v. Ohio River R.West Virginia Supreme Court · 1894
- Forrister v. SullivanSupreme Court of Missouri · 1910
- Ray County Savings Bank v. HuttonSupreme Court of Missouri · 1909
- Wright v. the Lessee of HollingsworthSupreme Court of the United States · 1828
- Coffey v. City of CarthageSupreme Court of Missouri · 1906
19 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hilderbrand v. AndersonMissouri Court of Appeals · 1954
- Durwood v. DubinskySupreme Court of Missouri · 1956
- Meux v. HallerMissouri Court of Appeals · 1913
- Rockwood v. the Crown Laundry CompanySupreme Court of Missouri · 1944
- Amerland v. AmerlandMissouri Court of Appeals · 1915
3 more not listed; retrieve them via the Exa API.