Martin v. Ray County Coal Co.
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Son. Fred Lamb, Judge. (1) Upon the sustaining of a demurrer to a first amended petition a cause cannot be dismissed out of court; and whether or not plaintiffs’ first amended petition stated a cause of action, the court erred in rendering final judgment against plaintiffs, as it did by adjudging that “the same be dismissed” and “that the defendant go hence without day and recover of the plaintiffs its costs herein expended.”
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Appeal from Chariton Circuit Court. — Son. Fred Lamb, Judge. (1) Upon the sustaining of a demurrer to a first amended petition a cause cannot be dismissed out of court; and whether or not plaintiffs’ first amended petition stated a cause of action, the court erred in rendering final judgment against plaintiffs, as it did by adjudging that “the same be dismissed” and “that the defendant go hence without day and recover of the plaintiffs its costs herein expended.” Secs. 1803, 1824, 1825, 1826, R. S. 1909; Comstock v. Davis, 51 Mo. 569; Wells'v. Moore, 49 Mo. 229; Bennett v. Bank, 61 Mo. App.…
1Opinion of the CourtElder, J.
This is an action for damages for alleged breach of contract, brought by plaintiffs, who are partners engaged in the business of mining, buying and selling coal, against the defendant company, which is the owner and operator of certain coal mines located near Bichmond, Bay County, Missouri.
The suit was begun on October 7, 1918, by petition filed in the Circuit Court for Ray County. Summons was issued and returned executed on October 8, 1918. On October 21, 1918, defendant filed a demurrer to tbe petition. On October 22, 1918, upon application of plaintiffs, a change of venue was granted to…
2Cases cited20 opinions
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- Sherwood v. SaxtonSupreme Court of Missouri · 1876
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- American Brewing Co. v. City of St. LouisSupreme Court of Missouri · 1905
- Lima Locomotive & Machine Co. v. National Steel Castings Co.Court of Appeals for the Sixth Circuit · 1907
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- Jensen v. Estate of McCallSupreme Court of Missouri · 1968
- Bushman v. BarlowSupreme Court of Missouri · 1929
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