Jones v. Tuller
Supreme Court of Missouri
Error to Dade Circuit Court. This was an action commenced in the Polk Circuit Court, in April, 1861, by Jones against-Butterfield, G. M. Tul-ler, and all other persons composing the Overland Mail Company, for a breach of contract as proprietors of a stage line from Smith City to Bolivar, Mo., to convey defendant in error safely between said points, and for damages for injuries resulting from such failure. The petition stated a contract between plaintiff and defendants.
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Error to Dade Circuit Court. This was an action commenced in the Polk Circuit Court, in April, 1861, by Jones against-Butterfield, G. M. Tul-ler, and all other persons composing the Overland Mail Company, for a breach of contract as proprietors of a stage line from Smith City to Bolivar, Mo., to convey defendant in error safely between said points, and for damages for injuries resulting from such failure. The petition stated a contract between plaintiff and defendants. The statement and petition was entitled a^ifollows: “James M. Jones v.-But-terfield, G. M. Tuller, and all other persons who…
1Opinion of the CourtWagner, Judge
The record in this case is full of irregularities. The petition is so manifestly defective in essential particulars and allegations that the omissions could not be cured^by verdict or default, and the motion in arrest should have been sustained by the court. From the petition, it is difficult to tell who were intended tobe sued as defendants, and in what capacity they were attempted to be held liable. The action purports to be against “Butterfield, Gf. M. Tuller, and all other persons who composed the Overland Mail Company”; and in the affidavit for an attachment, it is alleged that they are…
2Cited by15 opinions
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Wells v. Covenant Mutual Benefit Ass'nSupreme Court of Missouri · 1895
- Weil v. Greene CountySupreme Court of Missouri · 1878
- Gates v. WatsonSupreme Court of Missouri · 1874
- Ewing v. DonnellyMissouri Court of Appeals · 1885
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