Seaboard National Bank v. Wright's Trustee
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. John M. Wood, Judge. A demurrer admits all the well pleaded averments of the petition.
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Appeal from the St. Louis City Circuit Court. — Hon. John M. Wood, Judge. A demurrer admits all the well pleaded averments of the petition. Verdin v. St. Louis, 131 Mo. 26; Bod-son v. Lomax, 113 Id. 555; McKimie v. Matheios, 59 Id. 99; Butler v. Lawson, 72 Id. 227; State ex rel. v. Carroll, 63 Id. 156; Boogher v. Kropp, 76 Id. 457. On demurrer, the sufficiency of the averments of the pleading is alone determined, and extraneous matters are not considered, but must be brought in issue by answer. Musser v. Adler, 86 Mo. 445; Northrup v. Miss. Valley Ins. Co., 47 Id. 435; Mason v. Pitt, 21 Id.…
1Opinion of the CourtEombauee, P. J.
The plaintiff brought suit as assignee of the Barber Asphalt Paving Company on a certain special tax bill for street improvements, which the petition claims is a lien on the defendants’ property. Nothing appeared on the face of the petition showing that the tax bill was invalid, although the ordinance under which the work was done and subsequent steps taken were set out with needless particularity.
The defendants demurred to the petition on the following grounds:
ilFirst. Petition fails to state facts sufficient to constitute a cause of action.
“Second. The Barber Asphalt Paving Company,…
2Cases cited3 opinions
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- Musser v. AdlerSupreme Court of Missouri · 1885
- Turner v. PattonMissouri Court of Appeals · 1893
3Cited by4 opinions
- Barber Asphalt Paving Co. v. Kihlberg Karlsbad Bath Co.Missouri Court of Appeals · 1909
- Barrie v. RansonMissouri Court of Appeals · 1932
- Bambrick Bros. Construction Co. v. McCormickMissouri Court of Appeals · 1911
- Barber Asphalt Paving Co. v. SanfordMissouri Court of Appeals · 1898