State Ex Rel. Westhues v. Sullivan
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. J. G. Slate, Judge. (1) The court erred in not sustaining appellants’ demurrer to relator’s amended petition on the ground that said Henry J. Westhues, as Prosecuting Attorney of Cole County, has no legal authority in law to bring this action in the name of and on behalf of the State. Secs. 6750, 1007, 970, R. S. 1909; State ex rel. y.
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Appeal from Cole Circuit Court. — Hon. J. G. Slate, Judge. (1) The court erred in not sustaining appellants’ demurrer to relator’s amended petition on the ground that said Henry J. Westhues, as Prosecuting Attorney of Cole County, has no legal authority in law to bring this action in the name of and on behalf of the State. Secs. 6750, 1007, 970, R. S. 1909; State ex rel. y. Williams, 221 Mo. 261; State ex rel. v. Lamb, 237 Mo. 450, 454; State ex rel. v. Carter, 257 Mo. 78; State ex rel. v. Metscham, 32 Or. 372; Allen v. State, 130 Pac. 1115. (2) The court erred in not sustaining appellants’…
1Opinion of the CourtGraves, J.
Under our Rule 15 the appellant in making his brief is required, among other things, to make “a fair and concise statement of the facts of the case without reiteration, statements of, law, or argument,” and as to the respondent, under the same rule, it is said: “The respondent in his brief may adopt the statement of appellant; or if not satisfied therewith, he shall in a concise statement correct any errors therein. ’ ’
The appellant has filed a statement of 19 printed pages, which covers an analysis of the pleadings, and evidence. Turning to respondents’ brief, we find no corrections or…
2Cases cited17 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Kadderly v. PortlandOregon Supreme Court · 1903
- Town of South Ottawa v. PerkinsSupreme Court of the United States · 1877
- Oklahoma City v. ShieldsSupreme Court of Oklahoma · 1908
- Attorney General ex rel. Barbour v. LindsayMichigan Supreme Court · 1914
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3Cited by58 opinions
- State v. AndersonSupreme Court of Missouri · 1974
- General Box Co. v. Missouri Utilities Co.Supreme Court of Missouri · 1932
- State Ex Rel. Pollock v. BeckerSupreme Court of Missouri · 1921
- First Trust Co. v. SmithNebraska Supreme Court · 1938
- State Ex Rel. Attorney General v. ReeseNew Mexico Supreme Court · 1967
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