Summers v. Keller
Missouri Court of Appeals
Writ of Error to the Jasper Circuit Court. — Hon. Haywood Scott, Judge. (1) A general demurrer is good at any stage of the cause of action. Hyatt v. Association, 106 Mo. App. 610. (2) If'the petition ■ contains two causes of action which are of such character that they cannot 'legally be joined in one petition, demurrer is the proper pleading to reach the irregularity. Lane v. Dowd, 172 Mo. 167; Williams Co. v. Bolivar, 122 Mo.
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Writ of Error to the Jasper Circuit Court. — Hon. Haywood Scott, Judge. (1) A general demurrer is good at any stage of the cause of action. Hyatt v. Association, 106 Mo. App. 610. (2) If'the petition ■ contains two causes of action which are of such character that they cannot 'legally be joined in one petition, demurrer is the proper pleading to reach the irregularity. Lane v. Dowd, 172 Mo. 167; Williams Co. v. Bolivar, 122 Mo. App. 150. (3) A conspiracy is a combination by two or more persons to do a thing criminal or unlawful in itself. State y. Kennedy, 177 Mo. 98. (4) The instructions…
1Dissent
DISSENTING OPINION.
Cox, J.
I cannot concur in reversing that part of the judgment in this case based upon the finding of the jury upon the fourth count, but think that the judgment should be affirmed in toto. I do not agree with my brethren that the words “in said game and by said gambling device” used in the fourth count of the - petition state the “nucleus” of plaintiff’s cause of action as to the three hundred dollars’ certificate, and precludes all proof of the manner in which the certificate was obtained except that it was won as a wager in the game of poker. As I view it the “nucleus” of…
2Cases cited20 opinions
- Lancaster v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1887
- Owens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1874
- Muller v. St. Louis Hospital Ass'nSupreme Court of Missouri · 1880
- Brady v. ConnellySupreme Court of Missouri · 1873
- Foster v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
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