Painter v. Painter
Missouri Court of Appeals
Appeal from Circuit Court of Dade County. — Hon. B. G. Thurman, Judge. (1) As illustrating the point that in no case where a suit was brought to annul a decree or judgment has anyone but the parties to the original action been made a party to an annulment suit, we cite the following: Robertson v. Robertson, 163 S. W. 266,178, 478; Blass v. Blass, 186 S. W. 1094,194 Mo.
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Appeal from Circuit Court of Dade County. — Hon. B. G. Thurman, Judge. (1) As illustrating the point that in no case where a suit was brought to annul a decree or judgment has anyone but the parties to the original action been made a party to an annulment suit, we cite the following: Robertson v. Robertson, 163 S. W. 266,178, 478; Blass v. Blass, 186 S. W. 1094,194 Mo. App. 624; Dorrance v. Dorrance, 148 S. W. 94, 242 Mo. 625; Same case, 165 S. W. 783, 257 Mo. 317. (2) The allegation of the petition is, that defendant was the informant and made the affidavit on which the county court issued…
1Opinion of the CourtFarrington, J.
The plaintiff brings this cause to this court on the action of tbe trial court in sustaining a general demurrer to bis petition, which petition reads as follows:
“Comes now tbe plaintiff, Joseph M. Painter, and for his amended cause of action represents and shows to the court that on the — day of January, 1917, the defendant 'filed an affidavit in the County Court of said Lawrence County, Missouri, alleging that- the plaintiff herein was insane, and thereupon the County Court of said LaAyrenee County, at a special session of said court, called at the time therefor, issued its process and writ…
2Cases cited9 opinions
- State ex rel. Cave v. TincherSupreme Court of Missouri · 1914
- Adams v. Union Railroad Co.Supreme Court of Rhode Island · 1899
- Redmond ex rel. Redmond v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1910
- State ex rel. Paxton v. GuinotteSupreme Court of Missouri · 1914
- State ex rel. Moberly Special Road District v. BurtonSupreme Court of Missouri · 1916
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3Cited by4 opinions
- State ex rel. Cook v. Circuit CourtIndiana Supreme Court · 1923
- Downey v. SchraderSupreme Court of Missouri · 1944
- Henriquez v. SchallNew Mexico Supreme Court · 1961
- Dowdall v. HutchensAppellate Court of Illinois · 1931