Trefny v. Eichenseer
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. A complaint will be regarded as stating but one cause of action although it may pray for many and various forms of relief where they are all germane to the vindication of a single primary right.”
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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. A complaint will be regarded as stating but one cause of action although it may pray for many and various forms of relief where they are all germane to the vindication of a single primary right.” Kelly v. Hurt, 61 Mo. 463; Lincoln v. Rowe, 51 Mo. 571. “Since a bill is single and does not misjoin different causes, so long as its object is the complete enforcement of one general right, the fact that different defendants have distinct interests or liabilities with reference to that right does not render a bill…
1Opinion of the CourtLamm, J.
Cast below on several joint and separate demurrers, plaintiff stood on his petition, refused to plead over, suffered judgment and appeals.
The demurrers on which plaintiff was made to go out of court have a common ground reading: “That several causes of action have been improperly united” in said petition. That is a statutory ground of demurrer — the fifth. [R. S. 1909, sec. 1800.] Our statutes prescribe rules for uniting causes of action in the same petition. One of them is that a “plaintiff may unite in the same petition several causes of action, whether they be such as have been heretofore…
2Cases cited3 opinions
- Peniston v. Hydraulic Press Brick Co.Supreme Court of Missouri · 1911
- Chaput v. BockSupreme Court of Missouri · 1909
- Liney v. MartinSupreme Court of Missouri · 1859
3Cited by5 opinions
- Span v. Jackson-Walker Coal & Mining Co.Supreme Court of Missouri · 1929
- Schildnecht v. City of JoplinMissouri Court of Appeals · 1931
- Repetto v. WaltonSupreme Court of Missouri · 1926
- Wilson v. BroadlickIndiana Court of Appeals · 1929
- State ex rel. Barker v. Chicago & Alton RailroadSupreme Court of Missouri · 1915