Laney v. Fickel
Missouri Court of Appeals
Appeal from the Knox Circuit Court. — lion. Edwin B. McKee, Judge. (1) It was error to sustain defendants’ objections. They were not on the ground the petition states no cause of action in equity, or that ought to be addressed to the equity side of the court; or there was a defect of parties. On its face the petition states a cause of action' at law. If it has defects they do not appear on its face, and all others as to parties if not taken by answer are waived.
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Appeal from the Knox Circuit Court. — lion. Edwin B. McKee, Judge. (1) It was error to sustain defendants’ objections. They were not on the ground the petition states no cause of action in equity, or that ought to be addressed to the equity side of the court; or there was a defect of parties. On its face the petition states a cause of action' at law. If it has defects they do not appear on its face, and all others as to parties if not taken by answer are waived. Railroad v. "Watson, 61 Mo. 57; Lueke v. Tredsway, 45 Mo. App. 507; Crenshaw v. Tillman, 113 Mo. 633. (2) The suit is not based on…
1Opinion of the CourtBond, J.
Plaintiff and thirty-nine other citizens of Knox County, Missouri, organized a joint stock company for the purpose of establishing a fruit canning factory, and to that end elected a president, secretary, treasurer, and appointed a committee to locate a site for a building and empowered it to purchase material and employ laborers to erect such building. In the prosecution of these ends the -association became indebted to certain laborers and materialmen, and also to a lumber firm, of which plaintiff was a member. All of these accounts were assigned to plaintiff, who brought suit against…
2Cases cited4 opinions
- Lyons v. MurraySupreme Court of Missouri · 1888
- Bambrick v. SimmsSupreme Court of Missouri · 1895
- Rankin v. FairleyMissouri Court of Appeals · 1888
- Hunnewell v. Willow Springs Canning Co.Missouri Court of Appeals · 1893
3Cited by4 opinions
- Hardee v. Adams Oil Ass'nCourt of Appeals of Texas · 1923
- State Ex Rel. Great American Home Savings Institution v. LeeSupreme Court of Missouri · 1921
- State ex rel. Pearson v. Louisiana & Missouri River RailroadSupreme Court of Missouri · 1906
- Powell Hardware Co. v. MayerMissouri Court of Appeals · 1904