Chorn v. Zollinger
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — Hon. Wm. H. Martin, Judge. (1) The court has no jurisdiction of the defendant Vaughn. State ef rel. v. Bradley, 193 Mo. 33; Graham v. Ringo, 67 Mo. 324; Bank v. Knox, 47 Mo. 333; Hazelton v. Messmore, 184 Mo. 298. (2) Unless there is a joint liability between the defendants the plaintiff cannot maintain the action.
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Appeal from Cooper Circuit Court. — Hon. Wm. H. Martin, Judge. (1) The court has no jurisdiction of the defendant Vaughn. State ef rel. v. Bradley, 193 Mo. 33; Graham v. Ringo, 67 Mo. 324; Bank v. Knox, 47 Mo. 333; Hazelton v. Messmore, 184 Mo. 298. (2) Unless there is a joint liability between the defendants the plaintiff cannot maintain the action. The petition charging a joint liability, the first opportunity defendant Vaughn had to raise the question of jurisdiction was by instruction at the close-of plaintiff’s case. Marsh’s Adm. y. Best, 41 M'o. 493; Byers y. Jones, 79 Mo. 261; Bank y.…
1Opinion of the CourtJohnson, J.
Plaintiff, a citizen of Howard county, brought this suit in the circuit court of Cooper county against the administrator of the estate of Henry McPherson, deceased, and Gfeorgé B. Vaughn to recover the purchase price of two mules which, it is alleged, plaintiff sold and delivered to McPherson and Vaughn. The petition is in two counts, but a joint obligation of McPherson and Vaughn to plaintiff is the basis of the cause of action pleaded in each. At the time of the transaction in controversy and during the remainder of his life McPherson was a resident of Cooper county, but Vaughn lived in St.…
2Cases cited3 opinions
- McMurray v. TaylorSupreme Court of Missouri · 1860
- State ex rel. Crider v. WagersMissouri Court of Appeals · 1892
- Shotwell v. MunroeMissouri Court of Appeals · 1890
3Cited by6 opinions
- Peoples Bank v. StewartMissouri Court of Appeals · 1911
- West Publishing Co. v. CorbettMissouri Court of Appeals · 1912
- Scheer v. BrooksSupreme Court of Missouri · 1933
- Sanders v. Marks and KimmellMissouri Court of Appeals · 1933
- Wooldridge v. HopkinsMissouri Court of Appeals · 1926
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