Bowling v. McFarland
Decision Date | 31 October 1866 |
Citation | 38 Mo. 465 |
Parties | JAMES BOWLING, Respondent, v. WALTER MCFARLAND, Appellant. |
Court | Missouri Supreme Court |
Appeal from Ralls Circuit Court.
The petition was as follows:-- &c., &c.
Defendant's demurrer to the petition was overruled, and after judgment he filed his motion in arrest.
E. B. Ewing, for appellant.
The court erred in overruling the motion in arrest. The petition is manifestly defective--R. C. 1855, p. 1229, § 3; Id. 1235, § 29; Biddle v. Boyce, 13 Mo. 532; Brown v. Colies, 1 E. D. Smith, 267. The terms and stipulations of the agreement are not stated, and the insertion of the contract itself in the petition could not dispense with allegations showing a cause of action arising upon the contract. If one or more essential averments may be dispensed with by setting out a copy of the instrument sued on in the petition, the pleader may omit all, and instead thereof insert a copy of such instrument, and simply ask judgment.
G. Porter, for respondent.
The demurrer was rightly overruled and also the motion in arrest The petition was only required, as the law stood under the Code of 1855 to state that the defendant executed the writing relied on; that...
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