National Hollow Brake Beam Co. v. Bakewell
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Robert M. Foster, Judge. (1) The old common-law precept which required the court to construe a pleading most strongly against the pleader has been overthrown by the statute of Missouri, which requires that, in the construction of the pleading, for the purpose of determining its effect, its allegations shall he liberally construed., R. S. 1899, see. 629; Butts v. Long, 94 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Robert M. Foster, Judge. (1) The old common-law precept which required the court to construe a pleading most strongly against the pleader has been overthrown by the statute of Missouri, which requires that, in the construction of the pleading, for the purpose of determining its effect, its allegations shall he liberally construed., R. S. 1899, see. 629; Butts v. Long, 94 Mo. App. 687; Overton v. Overton, 131 Mo. 559; Foster v. Railroad, 115 Mo. 165. (2) Whether it be strictly or liberally construed, the petition under review sufficiently…
1Opinion of the CourtGantt, P. J.
This is an appeal from a judgment of the circuit court of the city of St. Louis, sustaining a demurrer to a petition filed by the plaintiff in said circuit court on December 19, 1904. The petition is in two counts. The suit in substance is an *214action on the case against the defendants as attorneys to-hold them in damage for alleged misfeasance in the discharge of their duties.
The judgment sustaining the demurrer was entered January 25, 1907. Under our code the petition is to be liberally construed in arriving at its meaning, but this court has uniformly held that the petition or other pleading…
2Cases cited13 opinions
- Gayler v. WilderSupreme Court of the United States · 1851
- Joy v. St. LouisSupreme Court of the United States · 1891
- City of North Vernon v. VoeglerIndiana Supreme Court · 1885
- Hewison v. City of New HavenSupreme Court of Connecticut · 1867
- Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
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3Cited by20 opinions
- Niosi v. AielloDistrict of Columbia Court of Appeals · 1949
- Thompson v. Farmers Exchange BankSupreme Court of Missouri · 1933
- Milton v. HareOregon Supreme Court · 1929
- Feldesman v. McGovernCalifornia Court of Appeal · 1941
- In Re BuderSupreme Court of Missouri · 1949
15 more not listed; retrieve them via the Exa API.