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Ederlin v. Judge

Alonzo A. Ederlin v. James Judge

Ederlin v. Judge, 36 Mo. 350 (1865)
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Court
Supreme Court of Missouri · State Highest Courts
Decided
October 15, 1865
Judges
Holmes, Wagner
Citations
36 Mo. 350
Headnotes
■Practice. — Pleading—Joinder of Actions. — A cause of action founded upon a contract cannot be united in the same count with a cause of action founded ■upon an injury to property.
Summary
Appeal from the St. Charles Circuit Court. I. The court erred in overruling the demurrer and the motion in arrest of judgment. A claim for breach of contract cannot be joined with one for injuries to property. In this case, the two transactions are as much disconnected as would be an assault and battery committed by a landlord upon his tenant, from a breach of the terms of his lease.— R. C. 1855, p. 128, § 2, & p. 1231, § 6.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Holmes

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Holmes, Judge,

delivered the opinion of the court.

The petition united, in the same count, a cause of action founded on a contract under a lease, with a cause of action founded on an injury done to the property of the plaintiff. A demurrer for this cause was overruled, and there was a trial and verdict for the plaintiff. The defendant moved in arrest for the same cause, and the case came up by appeal.

The statute is express that such causes of action cannot be united in the same petition (R. C. 1855, p. 1228, § 2) ; and it is a good ground of demurrer (ibid. p. 1231, § 6).

Judgment reversed and cause remanded, with leave to file an amended petition.

Judge Wagner concurs;

Judge Lovelace absent.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1892: 11903: 11907: 21909: 11924: 118922026peak 1907 · 2

Relies on it most ⓘ

  1. Peycke Bros. Commission Co. v. Davis257 S.W. 824 (Mo. Ct. App. 1924)
  2. Blackmer & Post Pipe Co. v. Mobile & Ohio Railroad119 S.W. 1 (Mo. Ct. App. 1909)
  3. Ickenroth v. St. Louis Transit Co.77 S.W. 162 (Mo. Ct. App. 1903)
  4. O'Riley v. Diss48 Mo. App. 62 (1892)
  5. Carmody v. St. Louis Transit Co.99 S.W. 495 (Mo. Ct. App. 1907)
  6. Ennis v. Padgett99 S.W. 782 (Mo. Ct. App. 1907)

Most recent

  1. Peycke Bros. Commission Co. v. Davis257 S.W. 824 (Mo. Ct. App. 1924)
  2. Blackmer & Post Pipe Co. v. Mobile & Ohio Railroad119 S.W. 1 (Mo. Ct. App. 1909)
  3. Ennis v. Padgett99 S.W. 782 (Mo. Ct. App. 1907)
  4. Carmody v. St. Louis Transit Co.99 S.W. 495 (Mo. Ct. App. 1907)
  5. Ickenroth v. St. Louis Transit Co.77 S.W. 162 (Mo. Ct. App. 1903)
  6. O'Riley v. Diss48 Mo. App. 62 (1892)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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