State ex rel. Enterprise Milling Co. v. Brown
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — No». Jas. E: Ha-sell, Special Judge. Plaintiff’s right of action was not barred by limitation. See. 4272, R. S. 1899 ; Martin v. Knapp, 45' Mo. 48; Henoch v. Chaney, 61 Mo. 129; Nelson v. Barnett, 123 Mo. 564; Miner & Frees v. Howard, 93 Mo. App. 569. (1) A petition which shows on its face that the action brought is barred by the Statute of Limitations is bad on demurrer.
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Appeal from Pettis Circuit Court. — No». Jas. E: Ha-sell, Special Judge. Plaintiff’s right of action was not barred by limitation. See. 4272, R. S. 1899 ; Martin v. Knapp, 45' Mo. 48; Henoch v. Chaney, 61 Mo. 129; Nelson v. Barnett, 123 Mo. 564; Miner & Frees v. Howard, 93 Mo. App. 569. (1) A petition which shows on its face that the action brought is barred by the Statute of Limitations is bad on demurrer. Heffernan v. Howell, 90.Mo. 344; State ex rel. v. Spencer, 79 Mo. 314; Henoch v. Chaney, 61 Mo. 129; State to use v. Bird, 22 Mo. 470. (2) An attachment bond is not ‘ ‘ a writing for the…
1Opinion of the CourtBurgess, J.
This is a suit upon an attachment bond for $52,000', which bond had been executed and filed by defendants in the circuit court of Pettis county on the 8th day of May, 1894, and this suit was instituted in said circuit court by plaintiff against the defendants on the 3d day of October, 1903.
The defendants interposed a demurrer to the petition filed by plaintiff, the grounds whereof being, first, that said petition did not state facts sufficient to constitute a cause of action, and, second, that it showed upon its face that the cause of action therein attempted to be alleged was barred by the…
2Cases cited11 opinions
- Hathaway v. DavisCalifornia Supreme Court · 1867
- Ancient Order of Hibernians v. SparrowMontana Supreme Court · 1903
- Henoch v. ChaneySupreme Court of Missouri · 1875
- Nelson v. BarnettSupreme Court of Missouri · 1894
- Barrett v. ThomasTennessee Supreme Court · 1850
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Jo Ann Johnson v. State Mutual Life Assurance Co. Of AmericaCourt of Appeals for the Eighth Circuit · 1991
- Home Insurance v. Mercantile Trust Co.Missouri Court of Appeals · 1926
- Hughes Development Co. v. Omega Realty Co.Supreme Court of Missouri · 1997
- Herweck v. RhodesSupreme Court of Missouri · 1931
- St. Charles Savings Bank v. ThompsonSupreme Court of Missouri · 1920
6 more not listed; retrieve them via the Exa API.