Jones v. Steele
Supreme Court of Missouri
Error to Louisiana Court of Common Pleas. Though it may be true that at the time of suit brought the plaintiff had not complied with the provisions of the statute, yet the defendant could not take advantage of the omission or defect by motion in arrest. The objection was not taken at the proper time and in the proper way.
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Error to Louisiana Court of Common Pleas. Though it may be true that at the time of suit brought the plaintiff had not complied with the provisions of the statute, yet the defendant could not take advantage of the omission or defect by motion in arrest. The objection was not taken at the proper time and in the proper way. (Woods et al. v. The State of Mo., 10 Mo. 698.) The defendant should have raised that issue by plea in abatement or answer, and that is the only way it could be done. (Schermerhorn v. Jenkins, 7 Johns. 373.) A defendant cannot move in arrest for anything which might have…
1Opinion of the CourtWagner, Judge
Plaintiff, who is a minor, brought his suit in the Louisiana Court of Common Pleas against the defendant, and obtained a verdict in his favor. In the caption of his petition he purported to sue by his next friend; the defendant filed his answer to the merits, and went to trial. After the rendition of the verdict by the jury, the defendant moved the court to arrest the judgment, because no next friend had been appointed for the plaintiff by the clerk or court, as required by statute. The plaintiff then presented his petition to the court, praying the appointment of a next friend (the same…
2Cited by14 opinions
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- Everart v. FischerOregon Supreme Court · 1914
- House v. LowellSupreme Court of Missouri · 1870
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