Huntington v. House
Supreme Court of Missouri
Jlppeal from Weston Court of Common Pleas. Action for slander and malicious prosecution, brought by Huntington and wife against House. Tbe petition was verified by tbe affidavit of Huntington for himself alone. Tbe defendant answered. When tbe case was called for trial, tbe defendant moved to dismiss tbe suit as to tbe wife of Huntington, because tbe petition was not sworn to by ber, nor ber agent or attorney. Tbe motion was sustained.
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Jlppeal from Weston Court of Common Pleas. Action for slander and malicious prosecution, brought by Huntington and wife against House. Tbe petition was verified by tbe affidavit of Huntington for himself alone. Tbe defendant answered. When tbe case was called for trial, tbe defendant moved to dismiss tbe suit as to tbe wife of Huntington, because tbe petition was not sworn to by ber, nor ber agent or attorney. Tbe motion was sustained. Tbe plaintiffs excepted, and, after a nonsuit submitted to by Huntington, appealed to this court. insisted that tbe verification by the affidavit of tbe…
1Opinion of the Court
Leonard, Judge.
Tbe judgment here must be reversed and tbe cause remanded. Tbe affidavit of tbe husband was a sufficient verification of tbe petition. The objection, too, if other*366wise well taken, ought not to have been allowed on the calling of the cause for trial. No purpose of justice can be answered by allowing a party, who has thus far waived the objection, to come forward with it at that late hour. The judgment is accordingly reversed, and the cause remanded.
2Cited by3 opinions
- Rains v. MoulderSupreme Court of Missouri · 1936
- Ruch v. JonesSupreme Court of Missouri · 1863
- Howland v. ReevesMissouri Court of Appeals · 1887