Young Men's Christian Ass'n v. Morrow
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. Joseph D. Perkins, Judge. (1) Defendant has a right to object for the first time in the appellate court that the petition does not state a cause of action, and it matters not what the ground of objection may be, provided only that it be good and sufficient in law.
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Appeal from Jasper Circuit Court. — Eon. Joseph D. Perkins, Judge. (1) Defendant has a right to object for the first time in the appellate court that the petition does not state a cause of action, and it matters not what the ground of objection may be, provided only that it be good and sufficient in law. Andrews v. Lynch, 27 Mo. 167; Burns v. Patrick, 27 Mo. 434; Syme v. Steamboat, 28 Mo. 335; Weil v. Greene County, 69 Mo. 281; Wells v. Association,' 126 Mo. 630; State "to use v. Bacon, 24 Mo. App. 403; McGrew v. Railroad, 230 Mo. 511; Goodman v. Griffith, 142 S. W. 258. (2) The rule Is the…
1Opinion of the CourtCox, J.
Action begun before a justice of tbe peace upon an alleged subscription by defendant of $200 for tbe erection and furnishing of a suitable T. M. C. A. building and maintenance of the work. Judgment for plaintiff by default in the justice court for. $200. Appealed to the circuit court by defendant where upon trial de novo by the court, a jury being waived, judgment again went in plaintiff’s favor and defendant has appealed.
When the suit was begun in the justice court, the plaintiff filed a written statement of its cause of action and with it a verified copy of the subscription card signed by…
2Cases cited3 opinions
- Keyes & Watkins Livery Co. v. FreberMissouri Court of Appeals · 1903
- Swain v. HillMissouri Court of Appeals · 1888
- Widman v. American Central InsuranceMissouri Court of Appeals · 1905
3Cited by1 opinion
- Johnson v. KramerMissouri Court of Appeals · 1955