Hannibal, Ralls County & Paris Plank Road Co. v. Robinson
Supreme Court of Missouri
Appeal from Ralls Circuit Court. I. No motion to set aside the dismissal was necessary. The clause of the statute requiring the filing with the justice of any paper on which the suit is founded before any process issues is merely directory. (6 Mo. 516.) By the by-laws the original articles of association had to be kept by the secretary for the use of the members.
1Opinion of the CourtRichardson, Judge
The plaintiff filed (July 14, 1854) an account against the defendant for the balance due on his subscription to the capital stock of the Plank Road Company. At the trial before the justice both parties appeared, and on the defendant’s motion the cause was dismissed because the plaintiff had not filed the original articles of association on which the liability of the defendant arose. The plaintiff thereupon appealed to the circuit court. In that court the defendant moved to *397dismiss the appeal because the plaintiff had not applied to the justice to set aside the nonsuit, and because an appeal…
2Cited by6 opinions
- Workman v. CampbellSupreme Court of Missouri · 1870
- Weeks v. EtterSupreme Court of Missouri · 1884
- Schenck v. StumpfMissouri Court of Appeals · 1878
- Italian-Swiss Agricultural Colony v. BartagnolliWyoming Supreme Court · 1900
- Heinrich v. Missouri & Illinois Coal Co.Missouri Court of Appeals · 1903
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