CULLOR v. JACKSON TOWNSHIP, PUTNAM COUNTY

No. 42714.

249 S.W.2d 393 (1952)

CULLOR et ux. v. JACKSON TOWNSHIP, PUTNAM COUNTY et al.

Supreme Court of Missouri, Division No. 2.

June 9, 1952.


Attorney(s) appearing for the Case

P. M. Marr, Milan, C. B. Fitzgerald, Unionville, for appellants, Richard A. Cullor et ux.

Ray Mabee, Unionville, for respondent.


LEEDY, Presiding Judge.

Plaintiffs appeal from a judgment of dismissal with prejudice rendered upon the sustention of defendants' motion (raising the objection of failure of the petition to state a claim upon which relief can be granted) and the declination of plaintiffs to amend or further plead. Of necessity, then, the facts about to be stated, and by which the sufficiency of the petition is to be tested are those gleaned from the mooted pleading itself. The action...

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