Walsh v. Association of Master Plumbers
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ho». Horatio D. Wood, Judge. (1) Our code of civil procedure provides that “Every action shall he prosecuted in the name of the real party in interest. ’ ’ Sec. 540, R. S. 1899. And the petition herein certainly shows that the plaintiff is the real party in interest.
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Appeal from St. Louis City Circuit Court. — Ho». Horatio D. Wood, Judge. (1) Our code of civil procedure provides that “Every action shall he prosecuted in the name of the real party in interest. ’ ’ Sec. 540, R. S. 1899. And the petition herein certainly shows that the plaintiff is the real party in interest. (2) Whatever defendants coun•sel may have to say about plaintiff’s remedy at law, it is true that he can not have an adequate remedy at law ■and it is also true that “the prevention of vexatious liti■gation and multiplicity of suits constitute a favorite ground of equity jurisdiction.”…
1Opinion of the CourtBland, P. J.
— The following is the petition, omitting caption:
“Now, this day comes the plaintiff in the above entitled cause and, by leave of court first had and obtained,, files this his amended bill.
“Plaintiff states that the said Association of Master Plumbers of St. Louis, Missouri, is composed of the-following named persons, who are members thereof, to-wit:”
(The names of three hundred, or more, persons and firms, carrying on the trade of master plumbers in the city of St. Louis, are then set forth.)
“That the defendant, F. A. Brandt, is the president of said association, and that J. J. McNary is the…
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