Corson v. Waller
Missouri Court of Appeals
Appeal from. Cooper Circuit Court. — Hon. James E. Haeell, Judge. (1) The trial court committed error in sustaining motion to strike out plaintiff’s amended statement. . It was specific and fully advised defendant of all the facts constituting plaintiff’s cause of action.
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Appeal from. Cooper Circuit Court. — Hon. James E. Haeell, Judge. (1) The trial court committed error in sustaining motion to strike out plaintiff’s amended statement. . It was specific and fully advised defendant of all the facts constituting plaintiff’s cause of action. Busch et al. v. Diepenbrock, 20 Mo. 568; May et al. v. Kloss, 44 Mo. 300. (2), The amended statement set forth the facts sufficiently explicit and had a judgment been rendered for plaintiff thereon, it would have barred him from recovering in another action. This was all that was necessary. Price v. Railway, 48 Mo. 389 and…
1Opinion of the CourtSmith, P. J.
The plaintiff delivered to the defendant administrator the following notice:
“To John A. Waller, administrator of the estate of Wm. H. Glasgow, deceased: Take notice that at the next term of the probate court of Cooper county, Mo., to be held at the courthouse in the city of Boonville, in said county, on the second Monday of August, 1902, on the first day of said term, or as soon thereafter as I can be heard, I shall present to said court for allowance against said estate a demand founded upon the following, to-wit:
“ ‘October 15, 1900.
“ ‘Received of J. M. Corson the sum of $58.50 on the H. M.…
2Cases cited3 opinions
- Brashears v. StrockSupreme Court of Missouri · 1870
- Watkins v. DonnellySupreme Court of Missouri · 1885
- Dahlgren v. Yocum Bros.Missouri Court of Appeals · 1891
3Cited by6 opinions
- Jensen v. Estate of McCallSupreme Court of Missouri · 1968
- Minor v. LillardSupreme Court of Missouri · 1957
- Phares v. Jaynes Lumber Co.Missouri Court of Appeals · 1906
- In Re the Estate of Thomasson v. Boatmen's National BankSupreme Court of Missouri · 1946
- Estate of Le Clerc, Superior Court of California, County of San Francisco1887
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