Crenshaw v. Ullman
Supreme Court of Missouri
Appeal from Greene Circuit Court. (1) Fannie S. Crenshaw, as administratrix of the estate of L. A. D. Crenshaw, deceased, is the proper party to prosecute this suit commenced by L. A. D. Crenshaw in his lifetime. Revised Statutes, 1879, secs. 95, 96; Wiener v. Peacock, 31 Mo. App. 242; Rogers v. Tucker, 94 Mo. 346; Kellogg v. Martin, 62 Mo. 429. Answering to the merits, even after denying all the material allegations, waives the defect of parties plaintiffs.
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Appeal from Greene Circuit Court. (1) Fannie S. Crenshaw, as administratrix of the estate of L. A. D. Crenshaw, deceased, is the proper party to prosecute this suit commenced by L. A. D. Crenshaw in his lifetime. Revised Statutes, 1879, secs. 95, 96; Wiener v. Peacock, 31 Mo. App. 242; Rogers v. Tucker, 94 Mo. 346; Kellogg v. Martin, 62 Mo. 429. Answering to the merits, even after denying all the material allegations, waives the defect of parties plaintiffs. Planing Mill v. Pres. Church, 54 Mo. 520. (2) The second count of the plaintiffs’ petition states facts sufficient to constitute a cause…
1Opinion of the CourtBubgess, J.
There are two counts in the petition in this case. The first one is the common-law action on the case, the averments being that the agents, servants and employes of defendant entered on defendant’s lot, adjoining plaintiff’s wall, and dug thereon and removed the dirt and stone from and along the wall of plaintiff’s building in a negligent, careless and unskillful manner so that it weakened the wall which bulged out, cracked and fell, and that by reason thereof they lost the rents of the building, and claim damages in the sum of $2,500. The second count avers that plaintiffs owned a strip of…
2Cases cited20 opinions
- Kelly v. . the Mayor C. of New-YorkNew York Court of Appeals · 1854
- Hilsdorf v. City of St. LouisSupreme Court of Missouri · 1869
- Lancaster v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1887
- Barry v. City of St. LouisSupreme Court of Missouri · 1852
- Fink v. Missouri Furnace Co.Supreme Court of Missouri · 1884
15 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Mallory v. Louisiana Pure Ice & Supply Co.Supreme Court of Missouri · 1928
- Bradley v. ReppellSupreme Court of Missouri · 1896
- Barnhart v. RipkaMissouri Court of Appeals · 1956
- Talbott v. EnglishIndiana Supreme Court · 1901
- Stein v. Battenfield Oil & Grease Co.Supreme Court of Missouri · 1931
27 more not listed; retrieve them via the Exa API.