Herrick v. Maness
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. G-. A. Watson, Special Judge. (1) The statement does not state facts sufficient to constitute a cause of action. Zeidler v. Walker, 41 Mo. App. 121; Bailey v. Chapman, 41 Mo. 538; Sallee v. McMurray, 113 Mo. App. 265. (2) Plaintiff cannot sue on one cause of action and recover on another. Cole v. Armour, 154 Mo. 350; Wade v. Nelson, 119 Mo. App. 278; Laclede Const.
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Appeal from Greene Circuit Court. — Hon. G-. A. Watson, Special Judge. (1) The statement does not state facts sufficient to constitute a cause of action. Zeidler v. Walker, 41 Mo. App. 121; Bailey v. Chapman, 41 Mo. 538; Sallee v. McMurray, 113 Mo. App. 265. (2) Plaintiff cannot sue on one cause of action and recover on another. Cole v. Armour, 154 Mo. 350; Wade v. Nelson, 119 Mo. App. 278; Laclede Const. Co. v. Iron Works, 169 Mo. 137; Koons v. Car Co., 203 Mo. 254; Hayden v. Grillo, 26 Mo. App. 295; Young v. Rushwedel, 119 Mo. App. 240. (3) Sam Herrick sues, while the evidence shows that…
1Opinion of the CourtGray, J.
This case had its origin in the justice of the peace court in Greene county, and after a trial before a jury in that court, in which the defendant was successful, an appeal was taken to the circuit , court of that county and tried before Honorable G. A. Watson, Special Judge, resulting in a verdict and judgment in favor of the plaintiff, and the defendant’s appeal is now in this court.
Inasmuch as the question is raised concerning the pleadings, it may be stated that the plaintiff’s claim, filed before the justice, was in the form of an account, and simply stated that the defendant was…
2Cases cited9 opinions
- Hayden v. GrilloMissouri Court of Appeals · 1889
- Sone ex rel. Road District No. 11 v. WallendorpSupreme Court of Missouri · 1905
- Hayden v. Grillo's AdministratorMissouri Court of Appeals · 1890
- C. P. Deatherage Lumber Co. v. SnyderMissouri Court of Appeals · 1896
- J. C. McCray & Son v. PfostMissouri Court of Appeals · 1906
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3Cited by3 opinions
- Welek Realty, Inc. v. JuneauMissouri Court of Appeals · 1980
- Marth v. WiskerchenMissouri Court of Appeals · 1915
- Walton v. CarlisleSupreme Court of Missouri · 1926