Kansas City ex rel. O. K. Trip Hammer Brick Co. v. Walsh
Missouri Court of Appeals
Appeal from .Jackson Circuit Court. — Hon. John W. Henry,. Judge. (1) The suit was prematurely brought. Charter of Kansas City, sec. 20, art. 9. (2) The issue submitted by the court to the jury was only as to the indebtedness from defendant Walsh to relator, and upon the determination of this issue the court had no right to enter judgment against the other defendants.
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Appeal from .Jackson Circuit Court. — Hon. John W. Henry,. Judge. (1) The suit was prematurely brought. Charter of Kansas City, sec. 20, art. 9. (2) The issue submitted by the court to the jury was only as to the indebtedness from defendant Walsh to relator, and upon the determination of this issue the court had no right to enter judgment against the other defendants. The action of the court in so doing in effect deprived the co-defendants of Walsh of their day in court upon their separate defenses. (8) The judgment is erroneous upon its face and not in acordance with the provisions of the…
1Opinion of the Court
SMITH, P. J".
On the twentieth day of July, 1891, a certain contract was entered into whereby Michael Walsh was party of the first part and John Keenan, P. Gv Murray, L. H. Wood, D. C. Ourtis and John Donnelly, were parties of the second part, and said Kansas Oity was party of the third part; which said contract was made by authority of the charter of said Kansas Oity, by the terms of which contract said Michael Walsh agreed to construct section number three of the O. K. creek sewer from the south line of Eighteenth street to the west line of Cherry street, which said contract was approved by…
2Cases cited11 opinions
- Lanitz v. KingSupreme Court of Missouri · 1887
- Barber Asphalt Paving Co. v. UllmanSupreme Court of Missouri · 1897
- Nichols, Shepherd & Co. v. LarkinSupreme Court of Missouri · 1883
- Mohney v. ReedMissouri Court of Appeals · 1890
- State ex rel. Spaulding v. PetersonSupreme Court of Missouri · 1897
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3Cited by5 opinions
- Ridenour v. Wilcox Mines Co.Missouri Court of Appeals · 1912
- Starks v. KirchgraberMissouri Court of Appeals · 1908
- Iola Portland Cement Co. v. UllmannMissouri Court of Appeals · 1911
- Erdmann v. United Railways Co.Missouri Court of Appeals · 1913
- John P. Callaghan, Inc. v. Continental Casualty Co.Supreme Court of New Jersey · 1933