Lyddon v. Dose
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. W. Henry, Judge. (1) A minor can begin and prosecute a suit in two ways only, by a next friend appointed by the court in which the suit is instituted, or by a guardian appointed by the probate court. The petition must allege the plaintiffs infancy and the appointment of a next friend or guardian, which facts must also be proved. The caption is no part of the petition.
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Appeal from the Jackson Circuit Court. — Hon. J. W. Henry, Judge. (1) A minor can begin and prosecute a suit in two ways only, by a next friend appointed by the court in which the suit is instituted, or by a guardian appointed by the probate court. The petition must allege the plaintiffs infancy and the appointment of a next friend or guardian, which facts must also be proved. The caption is no part of the petition. Porter v. Eailroad, 60 Mo. 160; Gamache v. Prevost, 71 Mo. 84; Sherman v. Eailroad, 72 Mo. 63. (2) There is no evidence in the entire record that justified the giving of punitive…
1Opinion of the CourtGill, J.
This is an action to recover damages for an assault and battery. At the date of the assault defendant conducted a saloon at Twenty-third and Penn streets, Kansas City, while plaintiff, a boy sixteen years old, was engaged in delivering daily papers (the Journal) to its patrons in that vicinity. At an early hour of the morning 'in question, the boy came with his paper, pushed open a screen door of the saloon and dropped the paper on the floor inside. It seems that defendant had previously requested the carrier to bring the paper inside the saloon and place it on a table, but the boy refused to…
2Cases cited6 opinions
- Goetz v. AmbsSupreme Court of Missouri · 1858
- Rogers v. MarshSupreme Court of Missouri · 1880
- Randolph ex rel. Adkins v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1885
- Holton v. TownerSupreme Court of Missouri · 1884
- Sloan v. SpeakerMissouri Court of Appeals · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Parker v. WallaceSupreme Court of Missouri · 1968
- Baxter v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Wilson v. HallWyoming Supreme Court · 1926
- Haley v. WalkerMissouri Court of Appeals · 1928