Blondeau v. Sheridan
Supreme Court of Missouri
Appeal from Buchanan Circuit Court.—Hon. Vi. H. Sherman, Judge. The court erred in failing to render judgment of non prosequi, in defendant’s favor and against plaintiffs, when so requested, after the jury were sworn to try the cause, and after the petition and answer were read to the jury.
Read the full summary
Appeal from Buchanan Circuit Court.—Hon. Vi. H. Sherman, Judge. The court erred in failing to render judgment of non prosequi, in defendant’s favor and against plaintiffs, when so requested, after the jury were sworn to try the cause, and after the petition and answer were read to the jury. R. S., §§ 3677, 3678; Ennis v. Hogan, 47 Mo. 515. The court erred in permitting plaintiffs to introduce evidence, against objection of defendant, that the petition did not state facts sufficient to constitute a cause of action. There is no allegation of breach of covenant “ for further assurance,” nor…
1Opinion of the CourtHenry, J.
On January 18th, 1881, plaintiffs filed in the probate court of Buchanan county their demand for $433.36, against said estate, and, at the April term 1881, the court found against plaintiffs who then appealed to the circuit court, where they filed an amended petition, alleging, in sub*549stance, that McGee died in May, 1880, and that Sheridan administered on his estate in August, 1880. That plaintiffs are, and since 1872, have been partners. That on the 10th of January, 1873, McGee conveyed by deed to Mathias Bradley the north half of lot No. 10 of block 21, in the town of St. Joseph, in the…
2Cases cited3 opinions
- Kellogg v. MalinSupreme Court of Missouri · 1872
- Ennis v. HoganSupreme Court of Missouri · 1871
- McClure's Executors v. GambleSupreme Court of Pennsylvania · 1856
3Cited by15 opinions
- Coleman v. LucksingerSupreme Court of Missouri · 1909
- Killilea v. DouglasWisconsin Supreme Court · 1907
- Soderberg v. HoltUtah Supreme Court · 1935
- Winningham v. PennockCourt of Appeals of Kansas · 1889
- Blondeau v. SheridanSupreme Court of Missouri · 1890
10 more not listed; retrieve them via the Exa API.