Eads v. Gains
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. The petition, to be subject to a challenge by demurrer, must be entirely destitute of a statement of any cause of action. If a cause of action be artificially or indefinitely stated, such a demurrer can not prevail. Marie v. Garrison, 83 N. Y. 14-23; People v. Mayor, etc., 8 Abb.
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Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. The petition, to be subject to a challenge by demurrer, must be entirely destitute of a statement of any cause of action. If a cause of action be artificially or indefinitely stated, such a demurrer can not prevail. Marie v. Garrison, 83 N. Y. 14-23; People v. Mayor, etc., 8 Abb. Pr. 7; Morse v. Gillman, 16 Wis. 504; Simmons v. Prather, 5 Ore. 504; Myer v. Railroad, 7 N. Y. State Rep. 245; State v. Carroll, 63 Mo. 156; Boogher v. Knapp, 76 Mo. 457. The petition in this case, aside from the reliance upon the…
1Opinion of the CourtBond, J.
Plaintiffs sue for $356 as the reasonable expense iucurred by them in shoring the south wall of defendant’s building, which stood upon the line between the lots of the parties, while plaintiffs were constructing the foundation of a building on their own lot extending to said dividing line.
The petition filed in this cause is to wit:
“Plaintiffs for cause of action against the defendant state that they are, and were at the times hereinafter mentioned, the owners of a certain lot of ground situate on Spruce street, in the city of St. Louis, Missouri, described as follows: Lot number 10, in block…
2Cases cited8 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Lasala v. HolbrookNew York Court of Chancery · 1833
- Charless v. RankinSupreme Court of Missouri · 1856
- Larson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1892
- Shafer v. WilsonCourt of Appeals of Maryland · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Webster v. Sterling Finance Co.Supreme Court of Missouri · 1943
- Ladue Contracting Co. v. Land Development Co.Missouri Court of Appeals · 1960
- Gildersleeve v. HammondMichigan Supreme Court · 1896
- Christensen v. MannWisconsin Supreme Court · 1925
- Gerst v. City of St. LouisSupreme Court of Missouri · 1904
12 more not listed; retrieve them via the Exa API.