Crawford v. Spencer
Missouri Court of Appeals
Appeal from the Jefferson Circuit Court. — Hon. John L. Thomas, Judge. The record discloses fatal error, in that there is no issue of payment made by the pleadings upon which the decree can be supported. It is elemental that an issue cannot be made by the allegation of a new cause of action in the reply. The relief must be based upon the allegations in the petition. Boone Code PL, sec. 105; Pom. Rem. & Rem. Rights, p. 644; Bliss Code PL [2 Ed.] sec. 396 ; 2 Dan. Chan.
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Appeal from the Jefferson Circuit Court. — Hon. John L. Thomas, Judge. The record discloses fatal error, in that there is no issue of payment made by the pleadings upon which the decree can be supported. It is elemental that an issue cannot be made by the allegation of a new cause of action in the reply. The relief must be based upon the allegations in the petition. Boone Code PL, sec. 105; Pom. Rem. & Rem. Rights, p. 644; Bliss Code PL [2 Ed.] sec. 396 ; 2 Dan. Chan. Pr. [5 Am. Ed.] p 961, and note of cases cited. The answer in this case was in effect only a general denial. There was no new…
1Opinion of the CourtThompson, J.
This case was before the supreme court on a former appeal and the decision of that court is reported in 92 Mo. 498. The action is by the maker of a promissory note for five thousand dollars, secured by a deed of trust on certain land, dated on the ninth day of November, 1881, due in one hundred days and payable to the order of Harlow, Spencer & Company, to enjoin the enforcement of the deed of trust, on the ground that the consideration of the note was certain gambling transactions consisting of what are known as “option deals,” and that the defendants composing the firm of D. R. Francis &…
2Cases cited3 opinions
- Crawford v. SpencerSupreme Court of Missouri · 1887
- Adams v. HelmSupreme Court of Missouri · 1874
- Deere v. MarsdenSupreme Court of Missouri · 1885
3Cited by7 opinions
- Thayer v. Denver & Rio Grande R. R.New Mexico Supreme Court · 1916
- Ingwerson v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
- Rhodes v. Holladay-Klotz Land & Lumber Co.Missouri Court of Appeals · 1904
- Ham v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Morrison Manufacturing Co. v. RoachMissouri Court of Appeals · 1904
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