Tyler v. Whitehead

The circuit court dismissed plaintiff’s petition upon the motion of defendants, and plaintiff has appealed. The defendants asserted several grounds for their motion to dismiss the petition, and the record does not show which of these the court adopted in sustaining the motion. They defend the court’s action only on the ground that the petition did not state a claim upon which relief could be granted. Rule 55.27(a)(6).

The petition, omitting formal parts and omitting the prayer for declaratory judgment, for injunctive relief, and for compensatory and punitive damages, reads as follows:(1)…