Marshall v. Ferguson
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon. James L. Fort, Judge. (1) It may be that this court will feel bound to adhere to the rulings it made on this petition when the cause was here before (78 Mo.
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Appeal from Butler Circuit Court. — Hon. James L. Fort, Judge. (1) It may be that this court will feel bound to adhere to the rulings it made on this petition when the cause was here before (78 Mo. App. 650-1), but, with great deference to said opinion, we yet insist that the petition does not state facts sufficient to constitute a cause of action, and that the law does not permit the inferences to be drawn, and blanks to be filled, to make said petition state a cause of action, as indicated by this court in its opinion heretofore rendered in this cause (78 Mo. App. 650) ; Sidway v. Missouri…
1Opinion of the CourtGoode, J.
It was ruled by this court on a former appeal that the petition in the cause above entitled sufficiently stated a cause of action to let in evidence in support of its allegations over the oral objection of the defendant made at the outset of the trial; and as the defendant neither demurred nor moved for more definite averments, as he might have done, but merely urged the same objections on the second trial, we will disregard his assignment of error based on the alleged failure of the petition to state a cause of action. It would be unjust to permit the defendant to avail himself of that point…
2Cases cited3 opinions
- Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
- Colt v. . OwensNew York Court of Appeals · 1882
- State v. ScharSupreme Court of Missouri · 1872
3Cited by10 opinions
- McKeehan v. WittelsMissouri Court of Appeals · 1974
- Van Raalte v. EpsteinSupreme Court of Missouri · 1907
- Benton v. RobertsCourt of Appeals of Georgia · 1926
- Phoenix Insurance v. SeegersSupreme Court of Alabama · 1915
- Montague Compressed Air Co. v. City of FultonMissouri Court of Appeals · 1912
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