State ex rel. Brainerd v. Adams
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) All the parties in interest are not before the court; Patier, the plaintiff in the original suit, who is the party most directly interested, not having been made a party to the mandamus proceeding. People p. Farquer, Breese 73; State x. Mills, 27 Wis. 403; High on Extr. Leg. Bern., sec. 9, and notes.
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Appeal from St. Louis Court of Appeals. (1) All the parties in interest are not before the court; Patier, the plaintiff in the original suit, who is the party most directly interested, not having been made a party to the mandamus proceeding. People p. Farquer, Breese 73; State x. Mills, 27 Wis. 403; High on Extr. Leg. Bern., sec. 9, and notes. (2) The prayer of the petition, which is to be taken as the mandatory part of the writ, is indefinite, and lacking in accuracy; it cannot be determined from that alone what judgment is to be rendered. Tapping on Mand., p. *322-326. (3) The relator must…
1Opinion of the CourtHenry, C. J.
Charles O. Patier and William Wolf sued the relator, Brainerd, in the circuit court of St. Louis, of which Adams was judge, on two promissory notes for five hundred dollars each, of which, in his answer, defendant admitted the execution, but pleaded that they were given solely for the accommodation of plaintiffs, and also pleaded two counter-claims. Plaintiffs filed their reply denying the allegations of the answer, and, on a trial upon the issues, the jury returned a verdict for defendant on both counts of plaintiffs’ petition, and for the defendant on the first counter-claim, and for…
2Cases cited3 opinions
- McCabe v. LewisSupreme Court of Missouri · 1882
- Williams v. Circuit Court of St. Louis countySupreme Court of Missouri · 1838
- Richmond's v. Wardlaw & PogueSupreme Court of Missouri · 1865
3Cited by18 opinions
- Scott v. FordOregon Supreme Court · 1908
- Ewart v. PenistonSupreme Court of Missouri · 1911
- De Vall v. De VallOregon Supreme Court · 1911
- Mirrielees v. Wabash RailroadSupreme Court of Missouri · 1901
- State v. HarperSupreme Court of Missouri · 1945
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