Voorhees v. Louisiana Purchase Exposition Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. G. H. Williams, Judge. (1) Under the code, the plaintiff -will not be turned out of court unless three petitions have been adjudged wholly insufficient. If any be attacked by motion to strike out parts, and enough remains to state a cause of action, it is not adjudged “insufficient,” within the meaning of the statute. Tool Co. v. Spring Co., 122 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. G. H. Williams, Judge. (1) Under the code, the plaintiff -will not be turned out of court unless three petitions have been adjudged wholly insufficient. If any be attacked by motion to strike out parts, and enough remains to state a cause of action, it is not adjudged “insufficient,” within the meaning of the statute. Tool Co. v. Spring Co., 122 Mo. App'. 603. In the case at bar only two petitions were adjudged wholly insufficient, the first and third petitions filed by the plaintiff,- the second, which is designated in the record as the first…
1Opinion of the CourtWoodson, J.
This was a suit instituted in the circuit court of the city of St. Louis, on November 23, 1904, by the plaintiff against the defendant, to recover the sum of $25,000 damages or compensation, for an alleged abandonment of a contract for services to be performed by the former for the latter as' a refrigerator engineer.
*422There were foiir petitions filed in the case; the original, and the first, second and third amended petitions.
The defendant filed a demurrer to the original, which was by the trial court sustained.
The plaintiff then filed the first amended petition, to which .plaintiff filed a…
2Cases cited6 opinions
- Bobb v. BobbSupreme Court of Missouri · 1886
- Diener v. Star-Chronicle Publishing Co.Supreme Court of Missouri · 1911
- Ross v. Cleveland & Aurora Mineral Land Co.Supreme Court of Missouri · 1901
- Ingwerson v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
- B. Roth Tool Co. v. Champ Spring Co.Missouri Court of Appeals · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Brown v. ChildersMissouri Court of Appeals · 1953
- Bryan v. Louisville & Nashville RailroadSupreme Court of Missouri · 1922
- Moffett v. Commerce Trust Co.Supreme Court of Missouri · 1946