Miller v. Bayless
Supreme Court of Missouri
Transferred from St. Lonis Court of Appeals. (1) The petition declares both upon the covenant of seizin and that of general warranty, and the breach alleged shows a violation of both covenants. Allen v. Kennedy, 91 Mo. 328. (2) Although more specific in its allegations and changed to meet the different state of facts declared upon, the petition is in substantially the form set out in White v. Stevens, 13 Mo.
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Transferred from St. Lonis Court of Appeals. (1) The petition declares both upon the covenant of seizin and that of general warranty, and the breach alleged shows a violation of both covenants. Allen v. Kennedy, 91 Mo. 328. (2) Although more specific in its allegations and changed to meet the different state of facts declared upon, the petition is in substantially the form set out in White v. Stevens, 13 Mo. App. 240, which was held to state a good cause of action, by this court. (3) The line of cases relied upon by respondents are predicated upon the common law idea that a chose in action is…
1Opinion of the CourtGantt, J.
This is an appeal from a judgment of the circuit court of Barry county, Missouri, sustaining a demurrer to the petition of the plaintiff and rendering final judgment thereon for the defendant. The appeal in the first instance was taken to the St. Louis Court of Appeals and the judgment of the circuit court affirmed, but one of the judges of the said court being of the opinion that the judgment of the court was in conflict with a prior decision of the said court, it was ordered that the cause be certified to this court for determination under the provisions of the Constitution. The facts of…
2Cases cited9 opinions
- Stewart v. AndersonSupreme Court of Alabama · 1846
- Douglass v. LewisSupreme Court of the United States · 1889
- Bush v. CooperMississippi Supreme Court · 1853
- Rowe v. HeathTexas Supreme Court · 1859
- Roebuck v. DupreySupreme Court of Alabama · 1841
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3Cited by3 opinions
- McAboy v. PackerSupreme Court of Missouri · 1945
- Central Life Assurance Society v. ImpelmansWashington Supreme Court · 1942
- Wright v. BoramMissouri Court of Appeals · 1915