Clark v. Zane
Missouri Court of Appeals
Appeal from Stone Circuit Court. — Row. John T. Moore, Judge. (1) The court erred in permitting the action to be dismissed as to H. M. Russell and a recovery to be had in favor of Paul Clark, because the statement of plaintiffs’ cause of action states a joint demand in favor of both Clark and Russell, and in such case a recovery cannot be had by one plaintiff alone. 22 • Encv. PL l& Pr. 576, 585; Davis v. Association, 63 Mo.
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Appeal from Stone Circuit Court. — Row. John T. Moore, Judge. (1) The court erred in permitting the action to be dismissed as to H. M. Russell and a recovery to be had in favor of Paul Clark, because the statement of plaintiffs’ cause of action states a joint demand in favor of both Clark and Russell, and in such case a recovery cannot be had by one plaintiff alone. 22 • Encv. PL l& Pr. 576, 585; Davis v. Association, 63 Mo. App. 477; Timber Co. v. Railroad, 180 Mo. 463. (2) It appears that there was an entire failure of proof, and the court should have directed a verdict for the defendants.…
1Opinion of the CourtNixon, P. J.
Paul Clark and H. M. Rnssell commenced this action before a justice of the peace of Stone county on the tenth day of May, 1911, on the following statement of their cause of action.
“Cape Pair, Mo., May 10, 1911.
“We, the undersigned, claim that P. H. Zane & Co., of Reeds Springs, Mo., justly owes us $18, for board and nailing in railroad ties during the month of March, 1911, on the James river.
Paul Clark,
“H. M. Russell.”
Plaintiffs recovered a judgment for the full amount of their claim in the justice’s court, and defendants appealed. In the circuit court plaintiffs filed an amended statement of…
2Cases cited8 opinions
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Taylor v. Grand Avenue RailwaySupreme Court of Missouri · 1904
- Slaughter v. DavenportSupreme Court of Missouri · 1899
- Yore v. YoreSupreme Court of Missouri · 1912
- Bennett v. McCanseSupreme Court of Missouri · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- United States ex rel. First National Bank v. LufcySupreme Court of Missouri · 1932
- Peters v. McDonoughSupreme Court of Missouri · 1931
- Moran v. MontzMissouri Court of Appeals · 1914
- Johnson v. ChapmanMissouri Court of Appeals · 1927
- Long Ex Rel. Dunn v. RobinsonMissouri Court of Appeals · 1926