Moseley v. City of Mountain Grove

Plaintiffs appeal from an order of the trial court sustaining defendants’ motion to dismiss plaintiffs’ petition on the ground that the petition fails to state a claim upon which relief can be granted. The order is appealable. Spires v. Edgar, 513 S.W.2d 372, 373[2] (Mo. banc 1974).

Where a petition is attacked by a motion to dismiss for failure to state a claim, the mere conclusions of the pleader are not admitted. Tolliver v. Standard Oil Company, 431 S.W.2d 159, 162[2] (Mo.1968). But the facts alleged are taken to be true and the pleader is entitled to all favorable inferences fairly…