Nivert v. Wabash Railroad
Supreme Court of Missouri
Appeal from Saline Circuit Court., — Hon. Samuel Dams, Judge. (1) No objection was made to the pleadings at a reasonable hour, defendant filed answer to the petition of plaintiff, the witnesses were present and all the expense made and labor incident to a trial performed before any objection was made to the pleadings. This practice has been repeatedly condemned by this court as. well as by the courts of appeals. Goldsmith v. Candy Co., 85 Mo.
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Appeal from Saline Circuit Court., — Hon. Samuel Dams, Judge. (1) No objection was made to the pleadings at a reasonable hour, defendant filed answer to the petition of plaintiff, the witnesses were present and all the expense made and labor incident to a trial performed before any objection was made to the pleadings. This practice has been repeatedly condemned by this court as. well as by the courts of appeals. Goldsmith v. Candy Co., 85 Mo. App. 595; Haseltine v. Smith, 154 Mo. 404; Nainn v. Railroad, 126 Mo. App. 707; Smith v. Railroad, 129 Mo. App. 413. Measured by this standard the…
1Opinion of the CourtWoodson, P. J.
The plaintiff instituted this suit in the circuit court of Chariton county against the defendant to recover the sum of $20,000 damages for personal injuries sustained by him in consequence of the alleged negligence of the defendant; and a change of venue was taken to the circuit court of Saline county.
*631The amended petition filed in the cause (formal parts omitted) was as follows:
“Plaintiff states that the defendant is and was at all the dates set forth in this petition a corporation duly organized and existing under and by virtue of the laws of the State of Missouri, with capacity to sue and…
2Cases cited16 opinions
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- Moore v. Lindell Railway Co.Supreme Court of Missouri · 1903
- Krehmeyer v. St. Louis Transit Co.Supreme Court of Missouri · 1909
- Evans v. Wabash Railroad Co.Supreme Court of Missouri · 1903
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Smith v. Ozark Water Mills Co.Missouri Court of Appeals · 1922
- Hardwick v. Wabash RailroadMissouri Court of Appeals · 1914
- State ex rel. Lusk v. EllisonSupreme Court of Missouri · 1917
- Hughes v. Mississippi River & Bonne Terre RailwaySupreme Court of Missouri · 1925
- Boyd v. Logan Jones Dry Goods Co.Supreme Court of Missouri · 1934
9 more not listed; retrieve them via the Exa API.