Saline County v. Sappington
Cases that cite this one
4 later published cases cite this decision.
- Page v. Joplin National Bank & Trust Co. (Mo. 1953)
- Darrow v. People (Colo. 1920)
- Liese v. Meyer (Mo. 1898)
- McCarty v. O'Bryan (Mo. 1897)
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
delivered the opinion of the court.
Action on an instrument executed by Sappington, as treasurer of Saline county, and by the other defendants as his sureties. The instrument was, not a bond in consequence of lacking the word “ seals ” in the body thereof.
Breaches were set out, reformation of the instrument so as to .make it a specialty, and judgment for the penalty and execution, etc., were asked for. The defendants successfully demurred. There was no insufficiency in the petition. A mere prayer for relief is hot demurrable. The instrument sued on was well enough without a seal; was good as a common law contract, made on adequate consideration, (Henoch vs. Chaney, 61 Mo. 129) therefore no necessity existed for reformation, and the prayer therefor may be rejected as surplusage. The mere prayer for relief does not constitute a distinct cause of action, but only seeks a particular remedy. (McClurg vs. Phillips, 49 Mo. 315.)
Judgment reversed, and cause remanded;
Case-law data current through December 31, 2025. Source: CourtListener bulk data.