Legal Opinion

Chiavola v. Montgomery Ward & Co.

District Court, W.D. Missouri

Decided March 21, 1946No. 3981PublishedCited by 2 opinions

1Opinion of the Court

REEVES, District Judge.

An examination of the motion for a more definite statement discloses that it is rather a motion to require the plaintiff to state separate and independent causes of action. It is averred in the motion that "plaintiff has co-mingled and combined in •one count, elements of two separate and distinct causes of action, to-wit: an action for false arrest and an action for malicious prosecution.”

The complaint is entitled “Petition for Damages for False Arrest and Malicious Prosecution.” All averments of the complaint are made in numbered paragraphs conformable to the first…

2Cases cited2 opinions

  1. Original Ballet Russe, Ltd. v. Ballet Theatre, Inc.Court of Appeals for the Second Circuit · 1943
  2. Papantonio v. GianniniCourt of Appeals for the Ninth Circuit · 1945

3Cited by2 opinions

  1. Barnard v. Wabash R. CoCourt of Appeals for the Eighth Circuit · 1953
  2. Northwest Airlines, Inc. v. Glenn L. Martin Co.District Court, N.D. Ohio · 1949

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