Houx v. Shaw
Missouri Court of Appeals
Appeal from Johnson Circuit Court, Hon. Noah M. Givan, Judge. The case is stated in the opinion. I. This action cannot be maintained in the name of a married woman as sole plaintiff. Rev. Stat. 1879, sect. 3468; Rodgers v. The Bank of Pike County, 69 Mo.. 560. II. Appellant’s objection to tile introduction of any evidence under the pleadings should have been sustained. State ex rel. d. Porter, 9 Mo. 356 ; Garland-'d.
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Appeal from Johnson Circuit Court, Hon. Noah M. Givan, Judge. The case is stated in the opinion. I. This action cannot be maintained in the name of a married woman as sole plaintiff. Rev. Stat. 1879, sect. 3468; Rodgers v. The Bank of Pike County, 69 Mo.. 560. II. Appellant’s objection to tile introduction of any evidence under the pleadings should have been sustained. State ex rel. d. Porter, 9 Mo. 356 ; Garland-'d. McCullough, 48 Mo. 318; Rodgers v. The Bank of Pike County, 69 Mo. 560. III. The demurrer to plaintiff’s evidence should have been sustained. Rev. Stat. 1879, sect. 3468 ;…
1Opinion of the CourtEmus on, J.
This cause was heretofore in this court and is found reported in 18 Mo. App. 45. On a re-trial in the circuit court plaintiff prevailed and defendant appeals. Before the last trial the petition was amended by striking out the name of plaintiff’s husband, leaving her the sole plaintiff.
The answer, which was a general denial on the first trial, was amended', the amendment setting up in detail the facts set forth in the opinion, as reported in 18 Mo. App. 45, in addition. There were no instructions offered, save a demurrer to the plaintiff’s evidence, which was refused. Objection was made to any…
2Cases cited2 opinions
- Rodgers v. Bank of Pike CountySupreme Court of Missouri · 1879
- Houx v. ShawMissouri Court of Appeals · 1885