Ryors v. Prior
Missouri Court of Appeals
Appeal from Osage Circuit Court, Hon. Rudolph Hirzel, Judge. The case is stated in the opinion. I. We claim that the petition is insufficient both in its heading or caption and in its conclusion. The first paragraph of section 3511 of the practice act, in stating what a petition shall contain, says, among other things, that it shall specify the term of the court. This being a positive command, we insist that it does not fall within the defects that are cured by verdict.
Read the full summary
Appeal from Osage Circuit Court, Hon. Rudolph Hirzel, Judge. The case is stated in the opinion. I. We claim that the petition is insufficient both in its heading or caption and in its conclusion. The first paragraph of section 3511 of the practice act, in stating what a petition shall contain, says, among other things, that it shall specify the term of the court. This being a positive command, we insist that it does not fall within the defects that are cured by verdict. In the case of Pier ■». Heinrichoffen, 52 Mo. 335, Ewing, J., referred to this section, and says that the forms of pleading,…
1Opinion of the CourtHall, J.
This was an action by plaintiff on account, for services rendered by him as an attorney.
Several objections are urged by defendant, who is the appellant here, which we cannot consider, for the reason that the defendant as respects them did not save his exceptions. The defendant urges that the petition is fatally defective for two reasons : (1) Because the petition fails to specify the term of the court at which the action was brought; (2) because the petition fails to allege that the account sued on was due at the time of the institution of the action.
*561The first objection is based upon section…
2Cases cited4 opinions
- Grove v. City of KansasSupreme Court of Missouri · 1882
- Poulson v. CollierMissouri Court of Appeals · 1885
- Burghart v. BrownSupreme Court of Missouri · 1875
- Rembaugh v. PhippsSupreme Court of Missouri · 1882
3Cited by11 opinions
- Mancuso v. Kansas CityMissouri Court of Appeals · 1898
- Locher v. KuechenmiesterMissouri Court of Appeals · 1906
- Corbitt v. MooneyMissouri Court of Appeals · 1900
- Dawson v. WomblesMissouri Court of Appeals · 1905
- Kroge v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1907
6 more not listed; retrieve them via the Exa API.