Mayhew v. Todisman
Supreme Court of Missouri
Appeal from Barry Circuit Court. — Ron. F. G. Johnson, Judge. (1) Plaintiff’s petition entirely fails, to state facts sufficient to constitute a cause of action.
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Appeal from Barry Circuit Court. — Ron. F. G. Johnson, Judge. (1) Plaintiff’s petition entirely fails, to state facts sufficient to constitute a cause of action. It is not alleged in the petition that plaintiff claims any title, estate or interest in the property mentioned therein, either as owner of the property, or that he claims the interest and title of the said Vaughn H. Todisman by reason of being the trustee of said Todis-man, which is necessary under Sec. 650, R-. S. 1899, now Sec. 2535, R. S. 1909, upon which section plaintiff founds his action. Under the above statute the plaintiff…
1Opinion of the Court
BROWN, C.
The petition, filed May 20, 1908, is entitled as above, and, omitting caption,- the description of one lot, not in controversy here, and signature, is as follows:
*290“The plaintiff, D. S. Mayhew, represents to the conrt that upon the-day of December, 1907, Vaughn H. Todispaan filed his petition in the district conrt of the United States for the judicial district of Missouri, Southwest Division, and therein prayed to he declared bankrupt; that on the 18th day of December 1907, the said Vaughn H. Todisman was duly adjudged a bankrupt in said cause; that on the 8th day of January, 1908, the…
2Cases cited6 opinions
- In re New York Economical Printing Co.Court of Appeals for the Second Circuit · 1901
- Mueller v. BrussWisconsin Supreme Court · 1901
- In re MullenDistrict Court, D. Massachusetts · 1900
- Potter v. AdamsSupreme Court of Missouri · 1894
- Clark v. LewisSupreme Court of Missouri · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Coleman v. HageySupreme Court of Missouri · 1913
- Hale v. HummelCourt of Appeals for the Eighth Circuit · 1933
- Hibschman v. BevisWashington Supreme Court · 1918
- Coleman v. DanaMissouri Court of Appeals · 1915