Bryan v. Rhoades
Supreme Court of Missouri
Appeal from Knox Circuit Court. — Hon. B. E. Turner, Judge. (1) The demurrer to plaintiff’s petition should have been sustained : “Where there is an improper joinder of causes of action the statute makes it' a ground of demurrer.
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Appeal from Knox Circuit Court. — Hon. B. E. Turner, Judge. (1) The demurrer to plaintiff’s petition should have been sustained : “Where there is an improper joinder of causes of action the statute makes it' a ground of demurrer. This provision of the statute does not apply to the manner of the joinder, i. e., to the improper commingling in one count of matters that might be properly united in a petition by different counts — but to the substantial error of uniting in one or different counts, matters that cannot be united at all. The former error violates a rule of pleading and should be met…
1Opinion of the CourtBlack, J.
-The plaintiff is the widow of Daniel M. Bryan, who died in November, 1877, leaving a number of children, some of whom are still minors. The first count of the petition sets out these facts, and then states that deceased and his family, at the time of his death, occupied and resided in a house situated on one-fourth of an acre of land in the unincorporated *489town of Novelty ; that in connection with this residence, he cultivated, used and occupied, as part of his homestead, forty acres of land, located two and one-half miles from the town; that she claims the house, lot and land as a homestead…
2Cited by6 opinions
- Chrisman v. LindermanSupreme Court of Missouri · 1907
- Ball v. BallSupreme Court of Missouri · 1901
- Gore v. RileySupreme Court of Missouri · 1901
- Coleman v. ColemanMissouri Court of Appeals · 1907
- Miller v. SchneblySupreme Court of Missouri · 1890
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