Mathews v. Pratt

EAGER, Presiding Judge.

This is an appeal from an order dismissing plaintiff’s petition; since the dismissal was not stated to be without prejudice, it constituted a final judgment. Section 510.150. (All statutory citations are to RSMo 1959, V.A.M.S., unless otherwise stated.) The stated grounds of the order were that the “petition fails to state a cause of action and because plaintiff has an adequate remedy at law.” It is plaintiff’s (appellant’s) position that the suit is one in equity, that it states facts entitling plaintiff to a decree declaring and enforcing a trust, and that plaintiff…