Hannibal & St. Joseph Railroad v. Knudson
Supreme Court of Missouri
Appeal from, Linn Circuit Court. I. The appellant, being a corporation, was entitled to file a copy of the contract certified by the president, and authenticated by the seal of said corporation, and the copy should have been received by the court with like effect as the original. (Wagn. Stat., 592, § 18.) II. The non-filing of the contract was not a ground of demurrer. (Wagn. Stat., 1014, § 6.) III.
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Appeal from, Linn Circuit Court. I. The appellant, being a corporation, was entitled to file a copy of the contract certified by the president, and authenticated by the seal of said corporation, and the copy should have been received by the court with like effect as the original. (Wagn. Stat., 592, § 18.) II. The non-filing of the contract was not a ground of demurrer. (Wagn. Stat., 1014, § 6.) III. It would be exceedingly inconvenient and impracticable for the appellant to be required to file its duplicate of the contract sued on, as each instalment fell due under it. I. The original…
1Opinion of the CourtHough, Judge
This was an action founded upon a contract, alleged to have been executed by the defendant, which was not filed with the petition; nor was any reason given for failing to file it.
The defendant demurred to the petition on the ground, that it did not state facts sufficient to constitute a cause of action, and chat said contract was not filed with the petition, nor alleged therein to be filed, nor was its absence in any way-accounted for. The demurrer was sustained ; final judgment thereon was rendered for the defendant, and plaintiff has appealed to this court.
The present practice act provides,…
2Cases cited3 opinions
- Burdsal v. DaviesSupreme Court of Missouri · 1874
- Rothwell v. MorganSupreme Court of Missouri · 1865
- Hook v. MurdochSupreme Court of Missouri · 1866
3Cited by15 opinions
- Graff v. Continental Auto Insurance UnderwritersMissouri Court of Appeals · 1931
- Hawthorne v. Protective Ass'n of AmericaSupreme Court of Kansas · 1922
- Kingsland & Ferguson Manufacturing Co. v. St. Louis Malleable Iron Co.Missouri Court of Appeals · 1888
- Peake v. BellSupreme Court of Missouri · 1877
- Christie v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
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