Legal Opinion

Sweet v. Jeffries

Supreme Court of Missouri

Decided July 15, 1871PublishedCited by 5 opinions

Error to First District Court. The court did not err in permitting Breckenridge, Whitson and Maupin to become parties. They had an interest in the result of the suit. Their petition supplemental shows that they asked and obtained permission to be made parties, and certainly their petition shows interest. This practice is allowed by the statute. (Wagn. Stat. 1034, §§ 8, 4; 42 Mo’. 101; 2 Head, 289; 29 Mo. 429; 27 Mo. 227; 3 Conn. 537; 3 Barb.

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Error to First District Court. The court did not err in permitting Breckenridge, Whitson and Maupin to become parties. They had an interest in the result of the suit. Their petition supplemental shows that they asked and obtained permission to be made parties, and certainly their petition shows interest. This practice is allowed by the statute. (Wagn. Stat. 1034, §§ 8, 4; 42 Mo’. 101; 2 Head, 289; 29 Mo. 429; 27 Mo. 227; 3 Conn. 537; 3 Barb. Ch. 625.) It is allowable, by long practice founded on policy in preventing a multiplicity of suits, and in order that complete justice may be done, and…

1Opinion of the Court

Currier, Judge,

delivered the opinion of the court. .

This action is founded upon a note drawn by the defendant and .made payable to Richard R. Jones as sheriff of Franklin county, for the benefit of certain heirs of one Young, the names of such heirs being unknown at the time the note was executed. Jones was sheriff of Franklin county, and, as such, sold certain premises in a proceeding for partition, the defendant Jeffries becoming the purchaser. Jeffries and the other defendant gave the note in suit for the purchase money, payable to Jones as sheriff, as above stated. Jones having deceased,…

2Cases cited1 opinion

  1. Morrow's Assignees v. BrightSupreme Court of Missouri · 1855

3Cited by5 opinions

  1. Dudley v. BuckleyWest Virginia Supreme Court · 1911
  2. Clark v. First National BankMissouri Court of Appeals · 1894
  3. Town of Washburn v. LeeWisconsin Supreme Court · 1906
  4. Reesman v. RollinsonMissouri Court of Appeals · 1904
  5. Gibson v. State Mutual Life Assurance Co.Missouri Court of Appeals · 1914

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