Latimer v. Newman
Missouri Court of Appeals
Appeal from the Pike Circuit Court. — Hon. Reuben F. Roy, Judge. There was a defect of parties. On the death of Rodgers the cause of action survived to Reynolds, and he became a necessary party. Matney v. Gregg Bros., 19 Mo. App. 107; Ryan v. Riddle, 78 Mo. 521; Clark v. Cable, 21 Id. 223; Rainey v. Smizer, 28 Id. 310; Henry v. Mt. Pleasant Township, 70 Id. .500; Ohnsorgv. Turner, 33 Mo.
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Appeal from the Pike Circuit Court. — Hon. Reuben F. Roy, Judge. There was a defect of parties. On the death of Rodgers the cause of action survived to Reynolds, and he became a necessary party. Matney v. Gregg Bros., 19 Mo. App. 107; Ryan v. Riddle, 78 Mo. 521; Clark v. Cable, 21 Id. 223; Rainey v. Smizer, 28 Id. 310; Henry v. Mt. Pleasant Township, 70 Id. .500; Ohnsorgv. Turner, 33 Mo. App. 486; McLaran v. Wilhelm, 50 Id. 658; R. S. 1889, sec. 1994. The amended petition did not state facts sufficient to constitute a cause of action against Jennie A. Newman. It should have been alleged that…
1Opinion of the CourtBond, J.
The petition in this case, omitting the formal parts, is, to wit:
“Albert Gt. Latimer, Adm’r of the' estate of James W. Rodgers, deceased, plaintiff,
v.
Jeptha D. Newman and Jennie A. Newman, Defendants.
‘‘Plaintiff for his amended petition herein, leave of court having been had to file same, says that the defendant Jeptha D. Newman by his promissory note herewith filed, dated April 29,1884, promised for value *79received, to pay to Reynolds & Rodgers, a firm or co-partnership composed of Stephen J. Reynolds and James W. Rodgers, and doing business under the firm name and style of Reynolds &…
2Cases cited4 opinions
- Hargadine v. GibbonsSupreme Court of Missouri · 1893
- Gabriel v. MullenSupreme Court of Missouri · 1892
- Hiltenbrandt v. RobitzschMissouri Court of Appeals · 1895
- W. W. Judy & Company's Surviving Partner v. St. Louis Ice Manufacturing & Storage Co.Missouri Court of Appeals · 1894
3Cited by3 opinions
- Megraw v. WoodsMissouri Court of Appeals · 1902
- Fenske v. EpperlyMissouri Court of Appeals · 1927
- Rogers, Worley & Carson v. HopperMissouri Court of Appeals · 1902