Shacklett v. Cummins

• Decision Date: 30 March 1917
• Parties: JACOB K. SHACKLETT, Appellant, v. SHERMAN CUMMINS
• Court: Missouri Supreme Court

193 S.W. 562

270 Mo. 496

JACOB K. SHACKLETT, Appellant, v. SHERMAN CUMMINS

Supreme Court of Missouri, First Division

March 30, 1917

Original Opinion of March 30, 1917, Reported at: 270 Mo. 496.

270 Mo. 496 at 500.

Motion for rehearing overruled.

OPINION

PLAINTIFF'S MOTION TO MODIFY JUDGMENT, AND DEFENDANT'S MOTION FOR REHEARING.

PER CURIAM

Plaintiff's motion to modify the judgment of reversal herein, is sustained, and said cause is hereby reversed and remanded with directions to the trial court, to allow plaintiff, if he so desires, to amend his complaint; to proceed with said cause in conformity to the views heretofore expressed, and to enter judgment in behalf of plaintiff as contemplated by section 7674, Revised Statutes 1909. The defendant's motion for a rehearing is overruled.