Lanyon v. Chesney
Supreme Court of Missouri
Appeal from Jasper Circuit Court . — Hon. Hugh Dabbs, Judge. (1) Motions for judgment on the pleadings are not favored; every intendment, every presumption is against them. McAllister v. Walker, 39 Minn. 565; Carrie v. Railroad, 23 Ore. 400; Dunham v. Byrnes, 36 Minn. 106; Giles, etc., v. Recamier, etc., 14 Daly (N. Y.) 475. (2) Judgment on the pleadings cannot be rendered where the answer denies any material allegation of the petition. Chapman v. Tallant, 1 Kan.
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Appeal from Jasper Circuit Court . — Hon. Hugh Dabbs, Judge. (1) Motions for judgment on the pleadings are not favored; every intendment, every presumption is against them. McAllister v. Walker, 39 Minn. 565; Carrie v. Railroad, 23 Ore. 400; Dunham v. Byrnes, 36 Minn. 106; Giles, etc., v. Recamier, etc., 14 Daly (N. Y.) 475. (2) Judgment on the pleadings cannot be rendered where the answer denies any material allegation of the petition. Chapman v. Tallant, 1 Kan. App. 799; McCrea v. Leavenworth, 46 Kan. 767; Nudd v. Thompson, 34 Cal. 39; Miller v. Chandler, 59 Cal. 541; Martin v. Porter, 84…
1Opinion of the CourtFox, J.
— This was a suit brought by one of the respondents, Robert Lanyon, against Prank O. Chesney, one of the appellants, in the circuit court of Jasper county, State of Missouri, in division No. 2. After the commencement of said action H. J. Mink was, on his own motion, made a party plaintiff. The Spring River Electric Power Company was made party defendant.
July 23, A. D. 1901, the plaintiff, Robert Lanyon, filed in said court his petition. The petition, omitting caption, was in words and figures as follows, to-wit:
“Plaintiff states that on the second day of July, A. D. 1900, he was the owner of…
2Cases cited9 opinions
- Deichmann v. DeichmannSupreme Court of Missouri · 1871
- McGhee v. BellSupreme Court of Missouri · 1902
- Harvey v. MorrisSupreme Court of Missouri · 1876
- Small v. ReevesIndiana Supreme Court · 1860
- Owens v. RectorSupreme Court of Missouri · 1869
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3Cited by9 opinions
- State Ex Rel. Abeille Fire Insurance v. SevierSupreme Court of Missouri · 1934
- Wimer v. WagnerSupreme Court of Missouri · 1929
- Waugh v. WilliamsSupreme Court of Missouri · 1938
- Lanyon v. ChesneySupreme Court of Missouri · 1907
- Parkhurst v. Lebanon Publishing Co.Supreme Court of Missouri · 1947
4 more not listed; retrieve them via the Exa API.