Irvin v. Devors
Supreme Court of Missouri
Appeal from Buchanan Circuit Court.—Iíon. 'Jos. P. Grubb, Judge. 1. If the petition in this case states a cause of action, however imperfectly or defectively, the judgment of the court below must be reversed. McClurg v. Phillips, 49 Mo. 315 ; Morgan v. Bouse, 53 Mo. 219. 2. The facts alleged in the petition, as alleged, constitute a good cause of action.
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Appeal from Buchanan Circuit Court.—Iíon. 'Jos. P. Grubb, Judge. 1. If the petition in this case states a cause of action, however imperfectly or defectively, the judgment of the court below must be reversed. McClurg v. Phillips, 49 Mo. 315 ; Morgan v. Bouse, 53 Mo. 219. 2. The facts alleged in the petition, as alleged, constitute a good cause of action. St. Louis to the use of Carrol v. ITardy, 35 Mo. 261; City of St. Joseph v. Anthony, 30 Mo. 537. The petition distinctly alleges the performance of the work by appellant, and the execution and delivery of a special tax-bill therefor, by the…
1Opinion of the CourtNorton, J.
This suit is for the recovery of a special tax bill, and to subject to its payment lot five of block fifteen, in Patee’s addition to the city of St. Joseph. A demurrer was sustained to the petition by the trial court and judgment rendered thereon in favor of defendant, from which plaintiff has appealed to this court. The only question, therefore, presented for our consideration is the sufficiency of the petition. The petition is too verbose and lengthy for insertion here. It is alleged therein in substance that the tax bill originated for work done by plaintiff under contract with the city…
2Cases cited1 opinion
- Saxton v. BeachSupreme Court of Missouri · 1872
3Cited by3 opinions
- State ex rel. Hallauer v. GosnellWisconsin Supreme Court · 1903
- City of Joplin ex rel. McKee v. FreemanMissouri Court of Appeals · 1907
- City Trust Co. v. CrockettSupreme Court of Missouri · 1925