Ross v. Cleveland & Aurora Mineral Land Co.
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Hon. J. O. Lamson, Judge. (1) The order of the court in sustaining defendants’ motion to strike out plaintiffs’ second amended petition, does not state any reasons why it was sustained.
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Appeal from Lawrence Circuit Court. — Hon. J. O. Lamson, Judge. (1) The order of the court in sustaining defendants’ motion to strike out plaintiffs’ second amended petition, does not state any reasons why it was sustained. The motion certainly should not have been sustained for the first reason assigned in said motion, for the reason that, as appears, and as alleged in the said second amended petition, the several acts committed by the defendants were done in pursuance of an arrangement between the defendants for the joint purpose of depriving plaintiffs of the right of carrying on their…
1Opinion of the CourtBurgess, J.
In 1893, plaintiffs began suit against the defendants in the circuit court of Lawrence county, alleging in their petition, that in January, February and March of that year, and long prior thereto, they were in the possession of *322certain real estate in the petition described.
The petition then proceeds as follows:
“That plaintiffs, during the monfhs aforesaid and long prior thereto, had been engaged in mining on said tract of land and taking out lead and zinc ores therefrom, .and had therein and thereon mining shafts, drifts, machinery, build-' ings and other appliances for the carrying on of…
2Cases cited4 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Kimball v. HarmanCourt of Appeals of Maryland · 1871
- Liese v. MeyerSupreme Court of Missouri · 1898
- Boone v. StoverSupreme Court of Missouri · 1877
3Cited by23 opinions
- Williams v. MaislenSupreme Court of Connecticut · 1933
- Dietrich v. Cape Brewery & Ice Co.Supreme Court of Missouri · 1926
- O'NEAL v. Mavrakos Candy Co.Missouri Court of Appeals · 1952
- Arpe v. Mesker Brothers Iron Co.Supreme Court of Missouri · 1929
- American Mills Co. v. HoffmanCourt of Appeals for the Second Circuit · 1921
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