Lamont v. Lamont Crystallized Egg Co.
Missouri Court of Appeals
Appeal from Polk Circuit Court. — New. Argus Cox, Judge. (1) A receiver should not have been appointed. There was no foundation laid for such appointment in the allegation of the petition, nor in the subject-matter of the action nor in the facts adduced in the evidence. Chemical Works v. Nemnich, 169 Mo. 397. (2) There was no res which was the subject-matter of litigation between plaintiff, Lamont, and the defendant company.
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Appeal from Polk Circuit Court. — New. Argus Cox, Judge. (1) A receiver should not have been appointed. There was no foundation laid for such appointment in the allegation of the petition, nor in the subject-matter of the action nor in the facts adduced in the evidence. Chemical Works v. Nemnich, 169 Mo. 397. (2) There was no res which was the subject-matter of litigation between plaintiff, Lamont, and the defendant company. Plaintiff’s action was for the recovery of a moneyed demand and the other loose allegations of the petition do not change the essential nature of the suit nor confer a…
1Opinion of the CourtBroaddus, J.
This suit was begun in the Greene county circuit court. A change of venue.was taken to the Polk county circuit court where it was tried, finding and judgment being against defendant in favor of the intervenor, from which defendant appealed. After the cause reached the circuit court of Polk county, plaintiff amended his petition; but as the amendment introduces no new matter materially affecting the merits of the case, it will only he necessary to refer to the amended petition, although defendant contends that the original petition as filed in Greene county did not state a cause of action,…
2Cases cited6 opinions
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
- Woodward v. WoodwardSupreme Court of Missouri · 1899
- Baldwin v. WhaleySupreme Court of Missouri · 1883
- Miller Bros. v. PerkinsSupreme Court of Missouri · 1900
- Bank of Kentucky v. PoyntzSupreme Court of Missouri · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State ex rel. House Wrecking, Salvage & Lumber Co. v. GoodrichMissouri Court of Appeals · 1909