State ex rel. Johnson v. True
Missouri Court of Appeals
Appeal from Linn Circuit Court, Hon. GK I). Burgess, Judge. The case and facts are sufficiently stated in the opinion of the court. I. The petition and all the testimony show that if Mary E. Johnson had any interest in the property, it was undivided. In such case she could not alone maintain the suit.
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Appeal from Linn Circuit Court, Hon. GK I). Burgess, Judge. The case and facts are sufficiently stated in the opinion of the court. I. The petition and all the testimony show that if Mary E. Johnson had any interest in the property, it was undivided. In such case she could not alone maintain the suit. Bliss on Code Pleading, sects. 61, 62; 2 Barbour on Parties (2 Ed.), sect. 2, p. 266 ; Brown on Parties, 209 ; Little v. Harrington, 71’Mo. 391. This is an action in contract on the bond. In such case the objection may be made at the trial, without pleading it. Smoot v. Wathen, 8 Mo. 525. II.…
1Opinion of the CourtPhilips, P. J.
The sheriff of Linn county, under execution, seized certain personal property, consisting of farm products, as the property of James Johnson. Claim being made thereto by Mary E. Johnson, daughter of the said James, the sheriff took.from the plaintiff in execution the statutory bond. This action is instituted on said bond in the name of the state, at the relation of said Mary, to recover the value of the property so taken. The petition alleged that the property belonged to said Mary and one Samuel Johnson, absolutely, as tenants in common, the interest of claimant being an undivided one-half.
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2Cases cited8 opinions
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Noble v. BlountSupreme Court of Missouri · 1883
- Walker's Administrator v. DeaverSupreme Court of Missouri · 1883
- Browne v. Clay Fire & Marine InsuranceSupreme Court of Missouri · 1878
- Moore v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
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3Cited by6 opinions
- Williams v. Jackson County Patrons of HusbandryMissouri Court of Appeals · 1886
- Adams v. CurtisIndiana Supreme Court · 1894
- Martin v. FoxMissouri Court of Appeals · 1890
- Eastin v. JoyceMissouri Court of Appeals · 1900
- State ex rel. Johnson v. TrueMissouri Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.