Moormeister v. Hannibal
Missouri Court of Appeals
Appeal • from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) It is an elementary principle of code pleading that only the ultimate, or substantive, facts constituting the plaintiff’s cause of. action should be pleaded and that all evidentiary facts should be excluded. The reason for the rule is said to be that the ultimate fact in issue may be truly stated generally though sustained by other evidence than that anticipated by the pleader.
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Appeal • from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) It is an elementary principle of code pleading that only the ultimate, or substantive, facts constituting the plaintiff’s cause of. action should be pleaded and that all evidentiary facts should be excluded. The reason for the rule is said to be that the ultimate fact in issue may be truly stated generally though sustained by other evidence than that anticipated by the pleader. Sec. 1813, R. S. 1909; Pattison on Code Pleading, Secs. 109, 128; Phillips on Code Pleading, Sec. 347; Bliss on Code Pleading, Secs. 140…
1Opinion of the CourtNortoni, J.
This is a suit for damages alleged to have accrued to plaintiff through a breach of contract on the part of defendants. The court sustained defendants ’ motion and entered an order requiring' plaintiff to make his petition more definite and certain. Plaintiff declined to plead further, and thereupon the court entered an order dismissing his cause, giving judgment for costs in favor of defendants, and awarding execution against plaintiff therefor. It is from this-judgment plaintiff prosecutes the appeal here.
It is urged the appeal should be dismissed for the reason the judgment is not a final…
2Cases cited14 opinions
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Bowie v. City of KansasSupreme Court of Missouri · 1873
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
- Moody v. DeutschSupreme Court of Missouri · 1884
- O'Connor v. KochSupreme Court of Missouri · 1874
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3Cited by3 opinions
- Richards Brick Co. v. WrightMissouri Court of Appeals · 1935
- Wolford v. ScarbroughMissouri Court of Appeals · 1929
- Wright v. Berry Iron & Steele Co.Missouri Court of Appeals · 1923