Gay v. Orcutt
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Hon. Jno. P. Butler, Judge. The court erred in allowing this suit to be prosecuted in the name of John L. Gay and refusing to dismiss the same on the stipulation between Gay and the defendants. None but the parties to an action will be allowed to interpose in its control; and an action commenced and carried on without authority of the parties named as plaintiff, should be dis>missed.
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Appeal from Chariton Circuit Court. — Hon. Jno. P. Butler, Judge. The court erred in allowing this suit to be prosecuted in the name of John L. Gay and refusing to dismiss the same on the stipulation between Gay and the defendants. None but the parties to an action will be allowed to interpose in its control; and an action commenced and carried on without authority of the parties named as plaintiff, should be dis>missed. Neith v. Wilson, 6 Mo. 435; Hoover v. Railroad, 115 Mo. 77; State ex rel. v. Climber, 81 Mo. 122; Eish v. Lamereaux, 48 Mo. 523; Murphy v. Smith, 86 Mo. 333; Thompson v.…
1Opinion of the CourtRobinson, J.
— This action was begun in the Grundy Circuit Court on December 28, against the defendants as officers of the Citizens Bank of Jamesport, Missouri, to recover certain deposits alleged to have been received by defendants between July 12, 1892, and July 13, 1893, when, the bank *405was known by defendants to be insolvent or in failing circumstances. On defendants’ application a change of venue was awarded to the circuit court of Chariton county.
The petition is in thirty-six counts, each predicated on section 2160, Eevised Statutes 1889, which makes the officers of a bank individually responsible…
2Cases cited4 opinions
- Guerney v. MooreSupreme Court of Missouri · 1895
- Hoover v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- State ex rel. Carter v. ClymerSupreme Court of Missouri · 1883
- Fiske, Knight & Co. v. LamoreauxSupreme Court of Missouri · 1871
3Cited by3 opinions
- State ex rel. Miles v. EllisonSupreme Court of Missouri · 1916
- Milliken-Helm Commission Co. v. C. H. Albers Commission Co.Supreme Court of Missouri · 1912
- Bick v. CarterMissouri Court of Appeals · 1907