Sanguinett v. Webster
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Thomas A. Bussell, Judge. (1) Defendants, motion to strike tlie third amended (being plaintiffs’ fourth) petition from the files should have been sustained, (a) The fourth petition stated an entirely new cause of action, (b) After the demurrer to the second amended (being plaintiffs’ third) petition -had been sustained, defendants were entitled to judgment; and it was error to allow plaintiffs to file a fourth petition.
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Appeal from St. Louis City Circuit Court. — Hon. Thomas A. Bussell, Judge. (1) Defendants, motion to strike tlie third amended (being plaintiffs’ fourth) petition from the files should have been sustained, (a) The fourth petition stated an entirely new cause of action, (b) After the demurrer to the second amended (being plaintiffs’ third) petition -had been sustained, defendants were entitled to judgment; and it was error to allow plaintiffs to file a fourth petition. R. S. 1889, sec. 2068; Gordon v. Burris, 125 Mo. 39. (2) The alleged assignment was not established by the evidence. Like any…
1Opinion of the CourtBrace, P. J.
This is an appeal by the defendants from a final decree and judgment of the circuit court of the city of St. Louis in favor of the plaintiff Annie E. Sanguinett for the sum of $10,715.77. The plaintiffs’ third amended petition filed April 27, 1891, upon which the case was tried is as follows:
“Plaintiffs, by leave of court, file this, their amended petition, and state that the plaintiff Annie E. Sanguinett, is and at all times hereinafter mentioned was, the wife of plaintiff Marshall P. Sanguinett; that, heretofore, one Adele Tholozan was the owner of the following described property, real…
2Cases cited23 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Pomeroy v. BentonSupreme Court of Missouri · 1882
- Liese v. MeyerSupreme Court of Missouri · 1898
- Cruce v. CruceSupreme Court of Missouri · 1884
- Sauter v. LeveridgeSupreme Court of Missouri · 1890
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3Cited by14 opinions
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- Shuler v. Omaha, Kansas City & Eastern Railway Co.Missouri Court of Appeals · 1901
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