Sherwood v. Neal
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. W. D. Hubbard, Judge. (1) No objection being made to plaintiff’s legal capacity to sue, or on the score of defects of parties plaintiff, either bv demurrer or by answer, any such objections, if existing, cannot be reached by the declarations of law, and were waived.
Read the full summary
Appeal from the Greene Circuit Court. — Hon. W. D. Hubbard, Judge. (1) No objection being made to plaintiff’s legal capacity to sue, or on the score of defects of parties plaintiff, either bv demurrer or by answer, any such objections, if existing, cannot be reached by the declarations of law, and were waived. R. S. 1879, secs. 3515, 3519; Horstette v. Menier, 50 Mo. 158 ; Reugger v. Lindenberger, 53 Mo. 366 ; Dunn v. Railroad, 68 Mo. 279; State v. Sappington, 68 Mo. 457; Rogers v. March, 73 Mo. 70 ; Mill Go. v. Church, 54 Mo. 524; Rickey v. Tenbroeck, 63 Mo. 570 ; Kellogg v. Malin, 62 Mo.…
1Opinion of the CourtBiggs, J.
Plaintiff seeks to recover from the defendant Neal the possession of a stallion. There was an order of delivery, and the horse was taken from Neal and delivered to the plaintiff. The amended petition contains two counts. The first is in the usual form of suits in replevin, and the other sets forth that, on the fourth day of April, 1886, the plaintiff delivered to Neal the possession of the horse, under a written contract. The contract referred to was filed with the petition, and it was in substance as follows: Plaintiff agreed to deliver possession of the horse to Neal, and Neal was to have…
2Cases cited6 opinions
- The "Idaho."Supreme Court of the United States · 1877
- Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
- Pulliam v. BurlingameSupreme Court of Missouri · 1883
- Ayres v. MilroySupreme Court of Missouri · 1873
- Wheeler & Wilson Manufacturing Co. v. GivanSupreme Court of Missouri · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Stone v. Kelley & SonMissouri Court of Appeals · 1894
- Wilson v. Kansas City Life InsuranceMissouri Court of Appeals · 1939
- Hammond v. DarlingtonMissouri Court of Appeals · 1904
- Birmingham v. CarrMissouri Court of Appeals · 1917
- Nelson v. Kansas City, Fort Scott & Southern Railway Co.Missouri Court of Appeals · 1896
8 more not listed; retrieve them via the Exa API.