Beattie Manufacturing Co. v. Gerardi
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood> Judge. (1) The first ground for demurrer is that the second amended petition, and each of 'the counts thereof, constitute a change in the causes of action herein. We submit that this ground of demurrer comes too late. It makes no difference whether the original petition contains the same causes of action or not, as the filing of the first amended petition was the abandonment of the original one.
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Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood> Judge. (1) The first ground for demurrer is that the second amended petition, and each of 'the counts thereof, constitute a change in the causes of action herein. We submit that this ground of demurrer comes too late. It makes no difference whether the original petition contains the same causes of action or not, as the filing of the first amended petition was the abandonment of the original one. Ticknor v. Yoorhees, 46 Mo. 110; City of St. Louis v. Gleason, 15 Mo. App. 25; Simms v. Field, 24 Mo. App. 565. Clark, having failed to…
1Opinion of the CourtBurgess, J.
This is an appeal by plaintiff from the judgment of the court below in sustaining a demurrer of the defendant, Clark, to the second amended petition of the plaintiff.
The facts are stated by defendants substantially as follows:
On November 18, 1893, plaintiff instituted a suit in the circuit court of the city of St. Louis, against the defendants herein, to enforce a mechanic’s lien against the identical property described in the petition in this case, which suit was pending at the time of the institution of this suit. On January 19, 1895, the same plaintiff instituted another suit against the…
2Cases cited13 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- City of St. Louis ex rel. Glencoe Lime & Cement Co. v. Von PhulSupreme Court of Missouri · 1896
- Devers v. HowardSupreme Court of Missouri · 1898
- Crone v. StindeSupreme Court of Missouri · 1900
- Kelly v. HurtSupreme Court of Missouri · 1875
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Fulton v. FisherSupreme Court of Missouri · 1912
- Harvey v. MeigsCalifornia Court of Appeal · 1911
- Lemon v. Garden of Eden Drainage DistrictSupreme Court of Missouri · 1925
- Beattie Manufacturing Co. v. ClarkSupreme Court of Missouri · 1907
- Boyd v. St. Louis Brewing Ass'nSupreme Court of Missouri · 1928
17 more not listed; retrieve them via the Exa API.