Shinn v. Guyton & Harrington Mule Co.
Missouri Court of Appeals
Error to Clinton Circuit Court. — Hon. A. D. Burnes, Judge. (1) The court erred in overruling defendant’s demurrer to the petition for the reason that there is a misjoinder of causes of actions stated therein, which is not permitted by the statute. R. S. 1899, sec. 593. And it is good ground of demurrer.
Read the full summary
Error to Clinton Circuit Court. — Hon. A. D. Burnes, Judge. (1) The court erred in overruling defendant’s demurrer to the petition for the reason that there is a misjoinder of causes of actions stated therein, which is not permitted by the statute. R. S. 1899, sec. 593. And it is good ground of demurrer. R. S. 1899, sec. 598; Jamison v. Copher, 35 Mo. 483; Ederlin v. Judge, 36 Mo. 351. (2) The court erred in overruling defendant’s motions filed before and at the close of the evidence, asking for an order, requiring plaintiff to elect upon which count in the petition she would ask the verdict…
1Opinion of the CourtEllison, J.
This action is based on a contract renting a farm to defendant at the sum of $850, and for damages alleged to have been done to the farm by defendant while occupying it as tenant. Each claim was set out in a separate count. The defendant demurred to the petition on the ground of improper joinder of causes of action. . The demurrer was overruled and defendant then asked that plaintiff be required to elect upon which count he would rely. This was also over*561ruled and defendant thereupon answered. The verdict was for the plaintiff.
The evidence tended to show that George W. Shinn owned the land and…
2Cases cited10 opinions
- Hyatt v. . ClarkNew York Court of Appeals · 1890
- Porter v. WoodsSupreme Court of Missouri · 1897
- Bailey v. PardridgeIllinois Supreme Court · 1890
- Shoninger v. PeabodySupreme Court of Connecticut · 1889
- D. M. Osborn Co. v. JordanNebraska Supreme Court · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Aylesbury Mercantile Co. v. FitchSupreme Court of Oklahoma · 1908
- Massey-Harris Harvester Co. v. Federal Reserve BankMissouri Court of Appeals · 1932
- Bennett v. McKrellCourt of Appeals of Texas · 1939
- Woolston v. Southern Railway Co.Missouri Court of Appeals · 1913
- Painter v. OldhamMissouri Court of Appeals · 1929
2 more not listed; retrieve them via the Exa API.