Jamison v. Culligan
Supreme Court of Missouri
Appeal from Jachson Circuit Court. — Hon. John W. Henry, Judge. •(1) Irregularities or informalities in the petition by the union of two causes of action in one count are waived by pleading to tbe merits. Anderson v. McPike, 41 Mo.
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Appeal from Jachson Circuit Court. — Hon. John W. Henry, Judge. •(1) Irregularities or informalities in the petition by the union of two causes of action in one count are waived by pleading to tbe merits. Anderson v. McPike, 41 Mo. App. 331; Paddock v. Somes, 102 Mo. 235; Young Men’s, etc., v. Hubacb, 82 Mo. 475; Grove v. Oity of Kansas, 75 Mo. 672; R. S. 1889, sec. 2047; Williams v. Eisber, 50 Mo. 198; House v. Lowell, 45 Mo. 381. (2) Improper joinder of parties should be taken advantage of by demurrer, as the defect appears upon the face of the petition, or the same is waived, and can not…
1Opinion of the CourtValliant, J.
This suit was commenced by Jeremiah Collins and Martha his wife as plaintiffs; Martha died and afterwards Jeremiah died; Jamison was appointed administrator of Jeremiah’s estate, and the suit was revived in his name as sole plaintiff. The administrator filed an amended petition in three counts which, omitting descriptions of land, is as follows:
“Plaintiff states that on the 15th day of September, 1883, Jeremiah Collins and Martha Collins, deceased, were the owners and in possession of the following described real estate, to wit: [Description.] Plaintiff states that on or about the -day of-,…
2Cases cited4 opinions
- Blount v. SprattSupreme Court of Missouri · 1892
- Wells v. Covenant Mutual Benefit Ass'nSupreme Court of Missouri · 1895
- Rhoades v. FullerSupreme Court of Missouri · 1897
- McKenzie v. DonnellSupreme Court of Missouri · 1899
3Cited by18 opinions
- Bryan v. SullivanSupreme Court of Oklahoma · 1916
- Cloud v. United States Nat. Bank of OregonOregon Supreme Court · 1977
- Hernandez v. BanksDistrict of Columbia Court of Appeals · 2013
- Hill-Dodge Banking Co. v. LoomisMissouri Court of Appeals · 1909
- Rubenstein v. Dr. Pepper Co.Court of Appeals for the Eighth Circuit · 1955
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