Legal Opinion

Lewis v. Walker

Missouri Court of Appeals

Decided April 1, 1895PublishedCited by 1 opinion

Appeal from the Harrison Circuit Court.—Hon. E. J. Broaddus, Judge. (1) The petition logically states facts constituting a good cause of action, is regular in form and ought to be sustained. Bliss on Code Pleading [2 Ed.], secs. 151, 175,176, 177, 210, 268, 276, 287c, 425a; R, S. Mo. 1889, sec. 2039, and cases cited in note “b” to said section; Goal Co. v. Quade, 28 Mo. App. 421; White v. Railroad, 34 Mo. App. 57; Mitchell v. Clinton, 99 Mo. 153; W ar nick v. Baker, 42 Mo.

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Appeal from the Harrison Circuit Court.—Hon. E. J. Broaddus, Judge. (1) The petition logically states facts constituting a good cause of action, is regular in form and ought to be sustained. Bliss on Code Pleading [2 Ed.], secs. 151, 175,176, 177, 210, 268, 276, 287c, 425a; R, S. Mo. 1889, sec. 2039, and cases cited in note “b” to said section; Goal Co. v. Quade, 28 Mo. App. 421; White v. Railroad, 34 Mo. App. 57; Mitchell v. Clinton, 99 Mo. 153; W ar nick v. Baker, 42 Mo. App. 439; Brickerv. Stone, 47 Mo. App. 530; Weaver v. Harlan, 48 Mo. App. 319 at 323; Billon v. Hunt, 82 Mo. 150; Falls…

1Opinion of the CourtGill, J.

—The trial court sustained an objection to the introduction of any evidence on plaintiff’s petition, on the ground that said petition failed to state a cause of action, and the propriety of this ruling is now before us for review.

The petition is very lengthy, but in substance sets up the following facts: In December, 1886, one A. J. Needles was indebted to defendants "Walker, Monson, Wren, Stockwell, Nelson and others. About that time, and while so indebted, Needles conveyed certain lands in Harrison county, Missouri, to plaintiff Lewis. Shortly thereafter these defendants, creditors of…

2Cases cited3 opinions

  1. Bick v. SealMissouri Court of Appeals · 1891
  2. Hatch v. HansonMissouri Court of Appeals · 1891
  3. Harrison v. McCluneyMissouri Court of Appeals · 1888

3Cited by1 opinion

  1. Wilson v. SalisburyMissouri Court of Appeals · 1912

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