Wolz v. Venard
Supreme Court of Missouri
Appeal from DeKalb Circuit Court. — lion. A. I). Burnes, Judge. (1) It is the well-established rule of pleading that every fact the plaintiff, in order to recover, must prove, must be pleaded and alleged in the pleading, so that the issue can be-made thereon.' Shohoney v. Railroad, 223 Mo. 671; Nervins v. Moore, 221 Mo. 357; Verdin v. St. 'Louis, 131 Mo. 151; Lantz v. Krug, 93 Mo. 513; Pier v. Heinrich, 52 Mo. 336; Murphy v. Wilson, 44 Mo. 317. The plaintiff having based her…
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Appeal from DeKalb Circuit Court. — lion. A. I). Burnes, Judge. (1) It is the well-established rule of pleading that every fact the plaintiff, in order to recover, must prove, must be pleaded and alleged in the pleading, so that the issue can be-made thereon.' Shohoney v. Railroad, 223 Mo. 671; Nervins v. Moore, 221 Mo. 357; Verdin v. St. 'Louis, 131 Mo. 151; Lantz v. Krug, 93 Mo. 513; Pier v. Heinrich, 52 Mo. 336; Murphy v. Wilson, 44 Mo. 317. The plaintiff having based her cause of action upon the mistake of the scrivener, in order to recover it was necessary to allege and prove he acted…
1Opinion of the CourtLamm, J.
In March, 1908, Kate A. Lowen sued an aggregation of defendants in the DeKalb Circuit Court. From a decree in her favor, and in favor of *74one of their codefendants, two of the defendants (Robison and Atkinson) appeal. Pending that appeal, plaintiff died and the cause stands revived here in the name of Michael Wolz, her executor. For convenience we will continue to speak of her as plaintiff.
As a part of the relief granted to one of the defendants not appealing was against the appealing defendants, and as questions of practice and pleading are submitted, and the decree in one or another angle is…
2Cited by20 opinions
- Allen v. SmithMissouri Court of Appeals · 1964
- Tripp v. HarrymanMissouri Court of Appeals · 1981
- Arnett v. VentersMissouri Court of Appeals · 1984
- Riggs v. PriceSupreme Court of Missouri · 1919
- Matthews v. Shamrock Van Lines, Inc.Supreme Court of North Carolina · 1965
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