Fitzpatrick v. Garver
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — How. Arch.B. Davis, Judge. The petition of the plaintiff fails to state facts sufficient to constitute a cause for action. There is no allegation in the petition that the plaintiff was the owner of and entitled to the possession of the land described in the petition at the time of the commencement of this suit, or the filing of the petition. There is no allegation that the defendant was in posession when the suit was commenced.
Read the full summary
Appeal from Livingston Circuit Court. — How. Arch.B. Davis, Judge. The petition of the plaintiff fails to state facts sufficient to constitute a cause for action. There is no allegation in the petition that the plaintiff was the owner of and entitled to the possession of the land described in the petition at the time of the commencement of this suit, or the filing of the petition. There is no allegation that the defendant was in posession when the suit was commenced. The petition nowhere' alleges that the defendant ousted the plaintiff and entered into possession of said land and withholds…
1Opinion of the Court
BROWN, C.
jec men .
This suit was begun in the circuit court for Livingston county by the filing, on 1909', of the petition, which, omitting the signature, is as follows:
“Plaintiff states, that on the 26th day of January, 1909, he was the owner of and entitled to the posses*192sion of that part of block eight of the original (Orin Garvin’s) survey of the city of Chillicothe, Missouri, beginning fifty-two feet west of the southeast corner of said block, thence west fifty-three feet to the properey of Carrie Shirley; thence north one hundred and forty-one feet; thence east fifty-two feet; thence…
2Cases cited1 opinion
- Alexander v. CampbellSupreme Court of Missouri · 1881
3Cited by5 opinions
- Bailey v. WilliamsSupreme Court of Missouri · 1959
- Atkinson v. SmothersMissouri Court of Appeals · 1956
- Griggs v. MillerSupreme Court of Missouri · 1964
- Reed v. ShortSuperior Court of Delaware · 1946
- Griggs v. MillerSupreme Court of Missouri · 1964