State ex rel. Lawrence County v. Grier Land & Mining Co.
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Hon. F. O. Johnston, Judge. (1) This is a civil action and was brought by the prosecuting attorney as required by sec. 3030, R. S. 1909. If the petition should have been signed by the prosecuting attorney the defendant should have .demurred to the petition or raised that question by answer and not having done so and having answered by general denial has waived that point. State ex.rel. v. Land Co., 97 Mo.
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Appeal from Lawrence Circuit Court. — Hon. F. O. Johnston, Judge. (1) This is a civil action and was brought by the prosecuting attorney as required by sec. 3030, R. S. 1909. If the petition should have been signed by the prosecuting attorney the defendant should have .demurred to the petition or raised that question by answer and not having done so and having answered by general denial has waived that point. State ex.rel. v. Land Co., 97 Mo. App. 226; State v. Minney, 81 Mo. 101; Bladwin v. State, 9 Ind. 383; State v. Salge, 2 Nev. 231; Craft v. State, 3 Kan. 450; Hipes v. State, 73 Ind. 39.…
1Opinion of the CourtNixon, P. J.
This was an action instituted in the name of the state at the relation of Lawrence county to recover of the defendant corporation the penalty imposed by section 1017, Revised Statutes 1899, for failing to report to the Secretary of State “the location of its principal business office, the name of its president and secretary, the amount of its capital stock, both subscribed and paid up, the par value of its stock and the actual value of its stock at the time of making said report, the cash value of all its personal property and of all its real estate within this state on the first day of June…
2Cases cited6 opinions
- Brown v. WoodySupreme Court of Missouri · 1877
- Connell v. Western Union Telegraph Co.Supreme Court of Missouri · 1891
- Hembree v. CampbellSupreme Court of Missouri · 1844
- Lewis v. NuckollsSupreme Court of Missouri · 1858
- Bradshaw v. Western Union Telegraph Co.Missouri Court of Appeals · 1910
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3Cited by1 opinion
- Tamblyn v. Chicago Lead & Zinc Co.Missouri Court of Appeals · 1912