Krum v. Jones
Missouri Court of Appeals
Appeal from the Phelps County Circuit Court, C. C. Bland, , Judge. The petition will not support the verdict. Bowie 'o. Kansas City, 51 Mo. 454. A defective pleading is aided if the adverse party answer in such manner that an omission or informality be expressly or impliedly supplied or rendered formal. Garth v. Caldwell, 72 Mo. 629. Exceptions not saved in the motion for a new trial will not be considered on appeal. Chapman *. White, 52 Mo. 179.
1Opinion of the CourtRombauer, J.
A special appeal was granted in this case, upon ex-' hibition of a transcript of the record, by which it appeared that the petition, as set out in the transcript, failed to state a cause of action, and could not support a judgment for the plaintiff, rendered by the trial court.
A stipulation has since been filed in this court, by which it appears, that the petition on which the cause was tried was not embodied at all in the transcript thus exhibited, such transcript containing only a copy of an account stated, which was filed with the petition. The petition had been lost or mislaid, and was…
2Cases cited1 opinion
- Garth v. CaldwellSupreme Court of Missouri · 1880
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- Kent & Purdy Paint Co. v. Aetna InsuranceMissouri Court of Appeals · 1912
- Whipple v. Peter Cooper Building & Loan Ass'n, Number 4Missouri Court of Appeals · 1893
- Citizens' State Bank v. PettitMissouri Court of Appeals · 1900