Legal Opinion

Mead v. Brown

Supreme Court of Missouri

Decided October 15, 1877PublishedCited by 5 opinions

Appeal from the Cass Circuit Court.-—IIon. Poster P. Wright, Judge. 1st. The judgment was rendered against a married woman and was, therefore, irregular and void. St. Louis v. Bernoudy, 43 Mo. 552; Higgins v. Peltzer,4S Mo. 152; Caldwell v. Stephens, 57 Mo. 589; Werneck v. Wood, 58 Mo. 352 ; Hunt v. Thompson, 61 Mo. 148. 2nd. Buell judgment being irregular and void as to one of the defendants, is irregular and void as to all, and might even be disregarded -by the plaintiff.

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Appeal from the Cass Circuit Court.-—IIon. Poster P. Wright, Judge. 1st. The judgment was rendered against a married woman and was, therefore, irregular and void. St. Louis v. Bernoudy, 43 Mo. 552; Higgins v. Peltzer,4S Mo. 152; Caldwell v. Stephens, 57 Mo. 589; Werneck v. Wood, 58 Mo. 352 ; Hunt v. Thompson, 61 Mo. 148. 2nd. Buell judgment being irregular and void as to one of the defendants, is irregular and void as to all, and might even be disregarded -by the plaintiff. Bush v. Bush, 19 Mo. 441; Bandall v. Wilson, 24 Mo. 76; Smith v. Bollins, 25 Mo. 408; Pomeroy v. Betts, 31 Mo. 419; Cov.…

1Opinion of the CourtSherwood, C. J.

Plaintiff, the widow of one Reuben Mead, sues for assignment and admeasurement of dower in two hundred acres of land, one hundred of which had been conveyed to Brown' anterior to her husband’s death, the residue descending to the decedent’s children, who, together with Brown, were joined-as parties defendant. Plaintiff had judgment, to reverse which defendant Brown alone appeals.

i. practice; unit-mg distinct causes oí action,

I. It is objected that this suit unites two distinct causes of action: one against Brown only, the other against the children and heirs at law of the deceased , . , .…

2Cases cited3 opinions

  1. Pomeroy v. BentonSupreme Court of Missouri · 1874
  2. Dailey v. HoustonSupreme Court of Missouri · 1874
  3. Pacific Railroad v. WatsonSupreme Court of Missouri · 1875

3Cited by5 opinions

  1. Collier v. Catherine Lead Co.Supreme Court of Missouri · 1907
  2. Kansas City v. SmartSupreme Court of Missouri · 1895
  3. City of St. Louis v. LaniganSupreme Court of Missouri · 1888
  4. Kansas City v. BlockSupreme Court of Missouri · 1903
  5. Owens v. Carthage & Western Railway Co.Missouri Court of Appeals · 1905

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