Johnson v. Bush
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hop. George C. Hitchcock, Judge. (1) Defendant’s motion to make the amended petition more definite and certain should have been overruled. Sec. 1837, R. S. Mo. 1909; Atwinger v. Fellner, 46 Mo. 276. (2) Defendant cannot by motion to make more definite and certain require plaintiff to furnish the evidence upon which plaintiff expects to prove his case. Sec. 1818, R. S. Mo. 1909.
1Opinion of the CourtNortoni, J.
— -This is a suit for damages said to have accrued on account of an alleged slander. The court sustained defendant’s motion to make the petition more definite and certain and this he declined to do. Thereupon the court dismissed the case and plaintiff prosecutes the appeal.
The petition is as follows:
“Plaintiff in this, his amended petition, leave to file the same being first had and obtained, for his cause of action, states that the defendant on or about the 6th day of January, 1911, at the city of St. Louis, Missouri, wilfully, wantonly and maliciously spoke of and concerning plaintiff in…
2Cases cited7 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Guard v. RiskIndiana Supreme Court · 1858
- Marks v. JacobsIndiana Supreme Court · 1881
- Bridgman v. ArmerMissouri Court of Appeals · 1894
- Johnson v. DickenSupreme Court of Missouri · 1857
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3Cited by3 opinions
- Anderson v. ShockleySupreme Court of Missouri · 1916
- Howard v. WilsonMissouri Court of Appeals · 1917
- Allen v. Edward Light Co.Missouri Court of Appeals · 1921