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15 Mo. 275

Wing v. Campbell

Supreme Court of Missouri

Decided October 15, 1851

Supreme Court of Missouri · decided 1851-10-15

Louis Law Commissioner’s Court. I. That the petition originally filed, does not set out or show oai its face any liability of Campbell to Wing. It does not sufficiently state the particulars of the plaintiff’s alleged demand, nor does it show by what right the plaintiff has to ask judgment against Campbell for ¿he debt or liability of a third party. II. The court below committed error in overruling the demurrer to plaintiff’s petition, and in refusings new trial.

Cited by 3 later decisions — most recently February 1908

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1851-10-15

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Ryland, J.,

¶1delivered the opinion of the court.

¶2This wás a suit in the Law Commissioner’s court, upon the following account:

“S®. Louis, April 10th, 1851.
Thomas Campbell, To A. IL Wing, Dr.
To board for Presley from March 23d to April 8th, making fourteen days, at one dollar per day.........•..................$14 00
To dressing and laying out corpse ........................... 5 00
$19 00.”

¶3The defendant appeared, and filed his demurrer to the petition. The demurrer was overruled, and the defendant making no further answer, judgment was rendered for the plaintiff.

¶4The defendant afterwards moved to set aside this judgment and grant a new trial; which motion was overruled, and the defendant brings the case here by appeal.

¶5We coDffi-der that the court below very properly overruled the demurrer. The point attempted to- be raised in this case i.s, that the account,, against t,he defendant, was for the debt of a third person. The account is for the board of Presley, and for services rendered yi laying out his corpse. Pf/esley, foraught that appears, may have been/ftbe dé*277fendant’s son or servant, and the defendant may have been primarily liable for such board and services.

¶6Let 'the judgment be affirmed)

the other judges coucumug.
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