Supreme Court of Missouri, 1866

Easley v. Prewitt

Supreme Court of Missouri · Decided February 15, 1866 · Holmes, Lovelace, Wagner

37 Mo. 361

Cases that cite this one

2 later published cases cite this decision.

City of Pilot Grove v. McCormick (Mo. Ct. App. 1894)
Baker v. Missouri Pacific Railway Co. (Mo. Ct. App. 1889)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Wagner, Judge,

delivered the opinion of the court.

The demurrer in this case was improperly sustained. A petition is not demurrable because it asks a judgment not *363warranted by the averments ; nor is its character always determined by the relief it prays for. The court may grant any relief consistent with the case made and embraced within the issues. (R. C. 1855, p. 1280, § 12; Northcraft v. Martin, 28 Mo. 469.) The petition stated a good cause of action on the agreement; but if the plaintiff wishes to foreclose his lien on the building, he ought to amend his petition,and set out the condition and the breach.

The judgment will be reversed and the cause remanded.

Judge Holmes concurs; Judge Lovelace absent.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.