Randol v. Garoutte
Missouri Court of Appeals
Appeal from the Howell Circuit Court. — Hon. W. N. Evans, Judge. That this is a penal statute and should therefore be •strictly construed, and that the -pleadings based thereon should allege every jurisdictional fact, is so well settled that it is needless to cite-authorities. It is evident that this statute' .gives the right of action to the party aggrieved, but no one •else.
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Appeal from the Howell Circuit Court. — Hon. W. N. Evans, Judge. That this is a penal statute and should therefore be •strictly construed, and that the -pleadings based thereon should allege every jurisdictional fact, is so well settled that it is needless to cite-authorities. It is evident that this statute' .gives the right of action to the party aggrieved, but no one •else. It is not alleged in plaintiff’s petition that she was ag- . grieved by the failure of the clerk to transmit this transcript in time for the case to be tried at the November term, 1897, ■of the Texas county circuit…
1Opinion of the CourtBland, P. J.
This suit was begun before a justice of' the peace and went to the circuit court by appeal; the cause-*612of action is based on section 2265, Revised Statutes of 1889 ; the complaint or petition is as follows:
“Now comes plaintiff above named and for her cause of action alleges: That she was plaintiff in an action against G. A. Rhode, David Godsey, W. O. Rogers, A. A. Baldwin and others, which said action was pending in the October term of the Howell county circuit court, 1897, and was triable at such term of court, and was instituted by her for the purpose of recovering about $1,400 damages from…
2Cases cited11 opinions
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
- Adams v. WoodsCalifornia Supreme Court · 1857
- Warren v. Barber Asphalt Paving Co.Supreme Court of Missouri · 1893
- Labar v. NicholsMichigan Supreme Court · 1871
- Murphy v. North British & Mercantile InsuranceMissouri Court of Appeals · 1897
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3Cited by2 opinions
- State Ex Rel. City of St. Louis v. PriestSupreme Court of Missouri · 1941
- Higbee v. SpanglerMissouri Court of Appeals · 1907