Whitwell v. City of Aurora
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Hon. F. O. Johnston, Judge. (1) Allegations of fact in motions do not prove themselves but must be supported by evidence. Dougherty v. Whitehead, 31 Mo. 225; State v. Brown, 119 Mo. 527. (2) The motion for judgment on the pleadings was in the nature of a demurrer to plaintiff’s reply. At any rate to the extent that it admitted all facts well pleaded in the reply. Sternberg v. Levy, 159 Mo. 617; Todd v. Railroad, 33 Mo.
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Appeal from Lawrence Circuit Court. — Hon. F. O. Johnston, Judge. (1) Allegations of fact in motions do not prove themselves but must be supported by evidence. Dougherty v. Whitehead, 31 Mo. 225; State v. Brown, 119 Mo. 527. (2) The motion for judgment on the pleadings was in the nature of a demurrer to plaintiff’s reply. At any rate to the extent that it admitted all facts well pleaded in the reply. Sternberg v. Levy, 159 Mo. 617; Todd v. Railroad, 33 Mo. App. 110. (3) Contracts which are opposed to open, upright and fair dealing are opposed to public policy. Corder v. O’Neill, 207 Mo. 646;…
1Opinion of the Court
GRAY, J. —
This is an action for damages for personal injuries alleged to have been sustained by plaintiff in December, 1907, by falling on an alleged defective sidewalk of defendant city.
The answer was a general denial, followed with the further defense that after the suit was brought, and prior to filing the said answer, plaintiff, in consideration of the sum of $100 to him in hand paid, the receipt of which was acknowledged, executed the following release :
“Know all men by these presents, That, I, the undersigned, J. R. Whitwell, in consideration of the sum of One Hundred Dollars ($100.00)…
2Cases cited2 opinions
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1881
- Warren v. JonesSupreme Judicial Court of Maine · 1862
3Cited by4 opinions
- Desaman v. Butler Bros.Supreme Court of Minnesota · 1912
- Walsh v. HoskinsMontana Supreme Court · 1917
- Powers v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Berrum v. GeorgettaNevada Supreme Court · 1939