State ex rel. Mosberg v. Owens
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. Wilson A. Taylor, Judge. (1) The petition fails to state facts sufficient to constitute a cause of action, because no facts are alleged therein which show a breach of the condition of defendant Owens’ bond. State ex rel. Zimmerman v. Schaper. 152 Mo. App. 538'; State ex rel. Hamilton v. May, 117 Mo. App. 717. (2) The circuit court rrecl in overruling appellants’ motion to strike out the petition.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. Wilson A. Taylor, Judge. (1) The petition fails to state facts sufficient to constitute a cause of action, because no facts are alleged therein which show a breach of the condition of defendant Owens’ bond. State ex rel. Zimmerman v. Schaper. 152 Mo. App. 538'; State ex rel. Hamilton v. May, 117 Mo. App. 717. (2) The circuit court rrecl in overruling appellants’ motion to strike out the petition. Each breach is a distinct cause of action. An inspection of the petition will establish the fact that it is duplicitous. Section 1816, R.…
1Opinion of the CourtAllen, J.
— This is an action npon the official bond of defendant Thomas J. Owens, as Constable of the Fifth Justice of the Peace District in the city of St. Lonis, the defendants being said constable and the sureties on his bond. The suit was instituted in the circuit court on November 17, 1915, and on December 11, 1915, the defendants filed a motion to strike out the petition upon the ground "that the petition is duplicitous.” Thereafter, on December 30, 1915, the motion to strike out was overruled, and on January 26, 1916, at the same December Term, 1916, of the circuit court, defendants not having…
2Cases cited17 opinions
- Knisely v. LeatheSupreme Court of Missouri · 1914
- Jeude v. SimsSupreme Court of Missouri · 1914
- Shohoney v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1910
- Ewing v. Vernon CountySupreme Court of Missouri · 1909
- Houtz v. HellmanSupreme Court of Missouri · 1910
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