Galbreath v. Newton
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — Hon. Richard Field, Judge. (1) The court ought to have struck out the amended petition. Charter, secs. 15, 23, 24, 29, 31; Session Laws, 1873, p. 364; Session Laws, 1875, p. 294, secs. 4, 7; R. S. 1889, sec. 978, p. 304, and p. 424, sec. 1465; Eyerman v. Blakesley, 13 Mo. App. 407; Eyerman v. Scollay, 16 Mo. App. 498; Weber v. Schergens, 28 Mo. App. 587; 1 Dillon Mun. Corp. [ 2 Ed. J sec. 332, p. 345 with note; Pendergastv.
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Appeal from the Pettis Circuit Court. — Hon. Richard Field, Judge. (1) The court ought to have struck out the amended petition. Charter, secs. 15, 23, 24, 29, 31; Session Laws, 1873, p. 364; Session Laws, 1875, p. 294, secs. 4, 7; R. S. 1889, sec. 978, p. 304, and p. 424, sec. 1465; Eyerman v. Blakesley, 13 Mo. App. 407; Eyerman v. Scollay, 16 Mo. App. 498; Weber v. Schergens, 28 Mo. App. 587; 1 Dillon Mun. Corp. [ 2 Ed. J sec. 332, p. 345 with note; Pendergastv. Richards, 2 Mo. App. 187. (2) It was error to strike out part of the answer, as was done. Cases cited above, and Gilbreath v.…
1Opinion of the CourtG-ill, J.
— This case is now here on a second appeal. The decision on the former hearing will be found in 30 Mo. App. 380. To economize time and space we shall here refer to the complete statement of the case, as there published, adding only the new features of a second trial following the remanding of the cause, and these new facts we shall notice in the course of the opinion. For reasons set out in the opinion when here before, the judgment (then as now for the plaintiff) was reversed, and the cause remanded for a new trial. The *316cause was again tried before a jury with, a like result; verdict for the…
2Cases cited13 opinions
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Galbreath v. NewtonMissouri Court of Appeals · 1887
- Neenan v. SmithSupreme Court of Missouri · 1875
- Kiley v. CranorSupreme Court of Missouri · 1873
- City ex rel. McGrath v. ClemensSupreme Court of Missouri · 1872
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3Cited by9 opinions
- Vieths v. Planet Property & Financial Co.Missouri Court of Appeals · 1895
- Philip Gruner & Bros. Lumber v. Hartshorn-Barber Realty & Building Co.Missouri Court of Appeals · 1913
- City of Higginsville Ex Rel. Kasco, Inc. v. Alton RailroadMissouri Court of Appeals · 1943
- Coatsworth Lumber Co. v. OwenMissouri Court of Appeals · 1915
- State ex rel. Shipman v. AllenMissouri Court of Appeals · 1910
4 more not listed; retrieve them via the Exa API.