Van Stewart ex rel. Magruder v. Miles
Missouri Court of Appeals
Appeal from Pike Circuit Court. — How. D. H. Ebyt Judge. (1) The motion in arrest among other things challenges the right of Van Stewart to sue to the use of Magruder, when the petition shows the cause of action to have been assigned to Magruder. Lionberger v. Baker, 14 Mo. App. 353; Bank v. Bulkly, 68 Mo.
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Appeal from Pike Circuit Court. — How. D. H. Ebyt Judge. (1) The motion in arrest among other things challenges the right of Van Stewart to sue to the use of Magruder, when the petition shows the cause of action to have been assigned to Magruder. Lionberger v. Baker, 14 Mo. App. 353; Bank v. Bulkly, 68 Mo. App. 377; Guerney v. Moore, 131 Mo. 651. Magruder having the legal title to the judgment as assignee and he being authorized by statute (sec. 3748) to sue in his own name and there being no person expressly authorized by statute to sue (sec. 541) and the statute (sec. 540) requiring all…
1Opinion of the CourtReyburn, J.
This action was begun in the circuit court of Lincoln county upon an appeal bond bearing date December 28, 1898, executed to Van Stewárt as obligee, who sued to use of George W. Magruder, against the principal obligor and his sureties. The petition contained allegations of the recovery by Stewart of judgment in the circuit court against Miles for possession of realty described in a suit for forcible entry *245and detainer, together with twenty dollars damages and ten dollars monthly rents and profits, an appeal to this court, the execution of the bond and its conditions, an affirmance of the…
2Cases cited11 opinions
- Pike v. MartindaleSupreme Court of Missouri · 1886
- Johnson v. Stebbins-Thompson Realty Co.Supreme Court of Missouri · 1902
- Meriwether v. JoyMissouri Court of Appeals · 1900
- New England Loan & Trust Co. v. BrownMissouri Court of Appeals · 1894
- Reugger v. LindenbergerSupreme Court of Missouri · 1873
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3Cited by5 opinions
- Rourke Dunn v. BozarthSupreme Court of Oklahoma · 1924
- Redman v. PerkinsMissouri Court of Appeals · 1906
- Feutz v. Massachusetts Bonding & Ins.District Court, E.D. Missouri · 1949
- Underwood v. City of CaruthersvilleMissouri Court of Appeals · 1910
- Wright v. Seattle Grocery Co.Washington Supreme Court · 1918