Scott v. Howard

Missouri Court of Appeals

Scott v. Howard

41 Mo. App. 488, 1890 Mo. App. LEXIS 304

DecidedMay 19, 1890

StatusPublished

This text of 41 Mo. App. 488 (Scott v. Howard) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Scott v. Howard, 41 Mo. App. 488, 1890 Mo. App. LEXIS 304 (Mo. Ct. App. 1890).

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Opinion

Ellison, J.

This cause was disposed of on demurrer to the petition in the court below. The demurrer being overruled defendant appealed to this court. The petition is for an injunction, and the [489]*489demurrer is that it does not state facts to constitute a cause of action. That “ on the facts stated in said petition plaintiff is entitled to no relief.” The petition is not set out in the abstract as required by our rules and we, therefore, have no means of knowing what allegations the petition may contain. We have so frequently ruled on the necessity of abstracts thht we need not refer to the particular authorities. We are not alone in these decisions. The supreme court makes strict enforcement of the same rule. Craig v. Scudder, 98 Mo. 664; Long v. Long, 96 Mo. 180; Manufacturer's Sav. Bank v. Iron Co., 97 Mo. 38; Flannery v. Railroad, 97 Mo. 192. We will, therefore, dismiss the writ of error.

All concur.

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Ellison, J.

This cause was disposed of on demurrer to the petition in the court below. The demurrer being overruled defendant appealed to this court. The petition is for an injunction, and the [489]*489demurrer is that it does not state facts to constitute a cause of action. That “ on the facts stated in said petition plaintiff is entitled to no relief.” The petition is not set out in the abstract as required by our rules and we, therefore, have no means of knowing what allegations the petition may contain. We have so frequently ruled on the necessity of abstracts thht we need not refer to the particular authorities. We are not alone in these decisions. The supreme court makes strict enforcement of the same rule. Craig v. Scudder, 98 Mo. 664; Long v. Long, 96 Mo. 180; Manufacturer's Sav. Bank v. Iron Co., 97 Mo. 38; Flannery v. Railroad, 97 Mo. 192. We will, therefore, dismiss the writ of error.

All concur.

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41 Mo. App. 488, 1890 Mo. App. LEXIS 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-howard-moctapp-1890.

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