Suddarth v. Empire Lime Co.
Missouri Court of Appeals
Appeal from the Lincoln Circuit Court. — Hon. Elliott M. Hughes, Judge. There was no error in trying the first count separately and it was proper for the judgment on the findings on the second and third counts to await the trial on the first count. R. S. 1889, sec. 2134; Oberbeckv. Mayer, 59 Mo.
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Appeal from the Lincoln Circuit Court. — Hon. Elliott M. Hughes, Judge. There was no error in trying the first count separately and it was proper for the judgment on the findings on the second and third counts to await the trial on the first count. R. S. 1889, sec. 2134; Oberbeckv. Mayer, 59 Mo. App. 289; Needless v. Burke, 98 Mo. 474; Mooney v. Kennett, 19 Mo. 551. The entering of the judgment prematurely by the clerk was an irregularity apparent on the face of the -record and could be set aside after the term. Showles v. Ereeman, 81 Mo. 543, and cases cited therein. If John Lee was the…
1Opinion of the CourtBland, P. J.
The petition is in three counts, the first of which is as follows:
“Plaintiff states that the defendant is a corporation duly organized under the laws of the state of Missouri, having its principal business office at Hannibal, in Marion county, Missouri, and that at all of the times mentioned in the several counts in this petition hereinafter set forth the defendant was such corporation and was engaged in the business of manufacturing and dealing in lime, having its works in the county of Lincoln, in the state of Missouri
*588“Eor his first cause of action against said defendant plaintiff states…
2Cases cited6 opinions
- Johnson v. HurleySupreme Court of Missouri · 1893
- Fahy v. Springfield Grocer Co.Missouri Court of Appeals · 1894
- Cupples v. WhelanSupreme Court of Missouri · 1876
- Hoppe v. SaylorMissouri Court of Appeals · 1893
- Fanning v. CobbMissouri Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Rakestraw v. NorrisMissouri Court of Appeals · 1971
- Alexander v. WadeMissouri Court of Appeals · 1904
- Boggs v. Pacific Steam Laundry Co.Missouri Court of Appeals · 1901
- Rakestraw v. NorrisMissouri Court of Appeals · 1971