State ex rel. Jones v. Mallinckrodt Chemical Works
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — -Hon. James E. Withrow, Judge. (1) The trial court erred in overruling the demurrer because of the defect of parties plaintiff. The State would be the only authorized plaintiff, yet the petition in no manner alleges that the State brings the suit or is plaintiff.
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Appeal from St. Louis City Circuit Court. — -Hon. James E. Withrow, Judge. (1) The trial court erred in overruling the demurrer because of the defect of parties plaintiff. The State would be the only authorized plaintiff, yet the petition in no manner alleges that the State brings the suit or is plaintiff. E. S. 1909, sec. 10322; Patterson v. Temple, 27 Ark. 202; U. S. v. Dougherty, 7 Blatchf. 424. (2) The trial court erred in not sustaining the demurrer, for defects in not alleging the necessary party plaintiff to be the State, and the body of the petition alone demonstrates the party…
1Opinion of the CourtWoodson, J.
This was a suit instituted in the circuit court of the city of St. Louis, by the respondent against the appellant, to have its charter forfeited for failure to make and ñle with the Secretary of State, an anti-trust affidavit, as required by sections 10322 and 10323, Eevised Statutes 1909, regarding pools, trusts, conspiracies and discriminations.
A trial was had before the court without the intervention of a jury, which resulted in a decree in favor of the respondent forfeiting the charter of the appellant as prayed.
In proper time all necessary steps for an appeal were duly taken, and…
2Cases cited15 opinions
- Counselman v. HitchcockSupreme Court of the United States · 1892
- Glickstein v. United StatesSupreme Court of the United States · 1911
- State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
- Edelstein v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- State ex rel. Attorney General v. Simmons Hardware Co.Supreme Court of Missouri · 1891
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- City of Wellston v. SBC Communications, Inc.Supreme Court of Missouri · 2006
- State Ex Rel. Mather v. CarnesMissouri Court of Appeals · 1977
- State Ex Rel. North v. KirtleySupreme Court of Missouri · 1959
- State v. ThomastonMissouri Court of Appeals · 1987
- State Ex Rel. Cole v. NigroSupreme Court of Missouri · 1971
5 more not listed; retrieve them via the Exa API.