Southworth Co. v. Lamb
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. — Hon. Theodore Brace, Judge. The court erred in requiring plaintiff' to elect. When irrelevant or redundant matter is inserted in a pleading, the remedy is to strike out the same by motion, or where the allegations are indefinite and uncertain, the court may require the pleading to be made definite and certain.
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Appeal from Hannibal Court of Common Pleas. — Hon. Theodore Brace, Judge. The court erred in requiring plaintiff' to elect. When irrelevant or redundant matter is inserted in a pleading, the remedy is to strike out the same by motion, or where the allegations are indefinite and uncertain, the court may require the pleading to be made definite and certain. O'1 Con-nor v. Koch, 56 Mo. 253 ; R. S. 1879, §§ 3529, 3530. Even where the practice to compel an election prevails, it is done on notice to adverse party and before answer. • Wilson v. Cleaveland, 30 Cal. 192. The court erred in sustaining…
1Opinion of the Court
Ewing, C.
This suit was commenced in the Hannibal court of common pleas upon facts or allegations substantially as follows: In December, 1872, the Winchell &> Ebert Printing & Lithographing Company, a Missouri corporation, made and delivered its note to the National Insurance Company, also a Missouri corporation, for $5,000 hearing ten per cent interest, and to secure its payment executed and delivered a deed- of trust on certain property, conveying it to W. C. Foreman, as trustee. On July 1st, 1874, this $5,000 note was bought by Alfred W. Lamb, the defendant herein, who on July 3rd following…
2Cases cited7 opinions
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