Russell v. Defrance
Supreme Court of Missouri
Error to Linn Circuit Court. Suit commenced April 18, 1865. To the original petition a demurrer "was filed and sustained.
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Error to Linn Circuit Court. Suit commenced April 18, 1865. To the original petition a demurrer "was filed and sustained. The plaintiffs afterwards filed their amended petition, substantially, as follows : “ Plaintiffs state that they by themselves and their tenants, at the commencement of the April term for the year 1865 of said court, were and ever since have been, and still are in possession of certain lands in said county, to-wit, the south-west quarter of section 18, in township 69, of range 20; that at said April term of said court of the year 1865, a judgment of dispossession was given…
1Opinion of the CourtWagner, Judge
The two principal objections raised by the plaintiff in error in this court are that there is a misjoinder of parties on the record, and that the judgment given by the court below was unauthorized by the statute. Admitting the fact to be that there is a defect of parties as plaintiffs in the petition, theMefendant is in no position to avail himself of the error in this court. The matter complained of is patent on the face of the petition; and as he did not resort to his demurrer in the Circuit Court, he must bé considered as having waived all objections on that account. But we are not…
2Cited by13 opinions
- Henderson v. LangleySupreme Court of Missouri · 1882
- Malone v. StretchSupreme Court of Missouri · 1878
- Stump v. HornbackSupreme Court of Missouri · 1887
- Gallenkamp v. WestmeyerMissouri Court of Appeals · 1906
- Staub v. PhillipsSupreme Court of Missouri · 1925
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