Foster v. Petree

This suit for fraud went from Holt to Nodaway County on a change of venue. The trial court held three peti tions insufficient on demurrer. It rendered a judgment dismissing plaintiff’s suit and assessing treble costs against her, in conformity with Section 948, It. S. 1939, Mo. Stat. Ann., sec. 796, p. 1046. Plaintiff then appealed to the Kansas City Court of Appeals which court transferred the ease here upon the dissent of one of the judges, who believed the majority opinion in conflict with a ruling of this court. [Foster v. Petree (Mo. App.), 141 S. W. (2d) 131.] Despite this procedure we…