Seay v. Sanders
Missouri Court of Appeals
Appeal from Crawford Circuit Court. — Hon. Leigh B. Wooclside, Judge. (1) I propose first to discuss the question of the nonjoinder of J. M. Sanders as plaintiff, upon the theory, suggested by the opinion, that he was a partner, or joint owner, of the proceeds of the cattle, without, however, intending to concede this as a fact. It will be noted that the answer is a general denial, and the nonjoinder of J. M. Sanders is not pleaded as a defense.
Read the full summary
Appeal from Crawford Circuit Court. — Hon. Leigh B. Wooclside, Judge. (1) I propose first to discuss the question of the nonjoinder of J. M. Sanders as plaintiff, upon the theory, suggested by the opinion, that he was a partner, or joint owner, of the proceeds of the cattle, without, however, intending to concede this as a fact. It will be noted that the answer is a general denial, and the nonjoinder of J. M. Sanders is not pleaded as a defense. Section 598, Revised Statutes 1899, provides that “The defendant may demur to the petition when it shall appear upon the face thereof, * * * fourth,…
1Opinion of the CourtBond, J.
In 1894, plaintiff sued the defendant upon four causes of action, the first two counts of the petition being based upon two promissory notes executed by defendant to plaintiff; the third count alleged an indebtedness for legal services rendered by plaintiff as the attorney of defendant; the fourth count of the petition set forth a sale and delivery of cattle by plaintiff to defendant, and asked judgment for the price. Defendant answered by a general denial. At the August term, 1896, of the circuit court, the first and second counts were submitted by the parties to the court sitting as a jury,…
2Cases cited9 opinions
- Baisley v. BaisleySupreme Court of Missouri · 1893
- Little v. HarringtonSupreme Court of Missouri · 1880
- Peters v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Coughlin v. LyonsSupreme Court of Missouri · 1857
- Upham & Gordon v. AllenMissouri Court of Appeals · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cramer v. BarmonSupreme Court of Missouri · 1906
- Cox v. Frank L. Schaab Stove & Furniture Co.Supreme Court of Missouri · 1933
- Baker v. City of St. LouisSupreme Court of Missouri · 1905
- Columbia Brewery Co. v. ForgeyMissouri Court of Appeals · 1909
- Price v. SanditenSupreme Court of Oklahoma · 1934
8 more not listed; retrieve them via the Exa API.