MacAdam v. Scudder
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) That defendant’s ignorance, arising from the ■alleged indefinite and uncertain character of the petition, rendered him unable to have any idea as to what ■evidence he will be called upon to meet, is no reason why the pleading should be made more definite and ■certain by amendment.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) That defendant’s ignorance, arising from the ■alleged indefinite and uncertain character of the petition, rendered him unable to have any idea as to what ■evidence he will be called upon to meet, is no reason why the pleading should be made more definite and ■certain by amendment. Section 2060, Revised Statutes, 1889, provides that: “No party shall be required to state •evidence in his pleading or to disclose therein the means by which he intends to prove his case.” See v. Box, 16 Mo. 166; Sanders v. Anderson, 21 Mo.…
1Opinion of the CourtBeace, P. J.
The plaintiff in this action seeks to recover the sum of $34,000 upon quantum meruit for services alleged to have been rendered the late Henry Shaw, deceased, between the years 1868 and the date of his death, in the year 1889. The amended petition is too long to be set out; a statement of its general features and tenor will be sufficient for the purposes of this opinion.
After reciting the donation to the city of St. Louis by the said Shaw in 1868 of Tower Grove Park, and by his will, of the “Missouri Botanical Garden,” and .alleging that the scheme thereof was conceived by the said Shaw prior…
2Cases cited4 opinions
- Ring v. JamisonSupreme Court of Missouri · 1877
- Watkins v. DonnellySupreme Court of Missouri · 1885
- Chadwick v. ChadwickSupreme Court of Missouri · 1893
- Meyer v. ChambersSupreme Court of Missouri · 1878
3Cited by11 opinions
- Sidway v. Missouri Land & Live Stock Co.Supreme Court of Missouri · 1901
- Fish v. FishMissouri Court of Appeals · 1957
- U. S. Standard Voting Machine Co. v. HobsonSupreme Court of Iowa · 1906
- Perry v. PerkinsIdaho Supreme Court · 1952
- Birdsong Ex Rel. Kenny v. JonesMissouri Court of Appeals · 1928
6 more not listed; retrieve them via the Exa API.