W. E. Stewart Land Co. v. Perkins
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Harris Robinson, Judge. (1) It was error for tlie court to sustain the demurrer to plaintiff’s amended petition.
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Appeal from Jackson Circuit Court. — Hon. Harris Robinson, Judge. (1) It was error for tlie court to sustain the demurrer to plaintiff’s amended petition. Bixby v. Dunlap, 56 N. H. 456; Jackson v. Stanfield, 137 Ind. 592; Door Co. v. Fuella, 215 Mo. 446; Chipley v. Atkinson, 23 Fla. 210; Dels v. Winfrey, 80 Tex. 405; Walker v. Cronin, 107 Mass. 564; Carey v. Rutherford, 106 Mass. 10. (2) The court committed error in holding that it was necessary to charge that force and intimidation were used in attempting to divert business from plaintiff — the court failing to distinguish between those…
1Opinion of the Court
This is an action for maliciously interfering with a lawful occupation, commonly called an action on the case. A general demurrer to appellant's amended petition was sustained by the trial court and, standing on the petition, appellant has brought its case to this court, which it may properly do because the amount sued for is within our jurisdiction. The petition is as follows:
"1. For amended cause of action plaintiff states that it is a duly organized and existing corporation, organized and existing under the laws of the State of Missouri.
"2. That at all times herein mentioned, plaintiff has…
2Cases cited6 opinions
- Lohse Patent Door Co. v. FuelleSupreme Court of Missouri · 1908
- Marx & Haas Jeans Clothing Co. v. WatsonSupreme Court of Missouri · 1902
- City of St. Louis v. GlonerSupreme Court of Missouri · 1908
- Hunt v. SimondsSupreme Court of Missouri · 1854
- Darrow v. BriggsSupreme Court of Missouri · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Fish v. FishMissouri Court of Appeals · 1957
- Dixon v. Reconciliation, Inc.Nebraska Supreme Court · 1980
- Tennessee Publishing Co. v. FitzhughTennessee Supreme Court · 1932
- Contour Chair Lounge Co. v. Aljean Furniture Manufacturing Co.Missouri Court of Appeals · 1966
- Fritschle v. Kettle River Co.Supreme Court of Missouri · 1940
3 more not listed; retrieve them via the Exa API.