United Iron Works Co. v. Sand Ridge Lead & Zinc Co.
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. Jas. T. Ne-ville, Judge. An affidavit made by the president, secretary, or other proper officer or agent of the corporation, when the corporation is a party to the suit, is in legal contemplation, an affidavit made by the corporation. Trans. Co. v. Baldwin, 14 N. J. L. 440; Ex parte Sargeant, 17 Yt. 426; 10 Cyclopedia of Law and Procedure, 904.
1Opinion of the CourtBland, P. J.
After the cause was submitted by both parties on briefs, respondent filed its motion to dismiss the appeal for the reason the affidavit for the appeal is insufficient to confer jurisdiction upon this court to pass upon the merits of the cause. Appellant, in opposition to the motion, contends that it should have been filed and presented before the briefs were filed and the cause submitted, and that the court should not now entertain the motion.
The proceedings in a lawsuit advance step by step to a final end. The steps should be regular and according to some system, and when a party to the suit…
2Cases cited8 opinions
- State ex rel. Craig v. WoodsonSupreme Court of Missouri · 1895
- Green v. CastelloMissouri Court of Appeals · 1889
- Thomas v. Missouri Town Mutual Fire InsuranceMissouri Court of Appeals · 1901
- Schnabel v. ThomasMissouri Court of Appeals · 1902
- Arkansas & Oklahoma Railroad v. PowellMissouri Court of Appeals · 1904
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3Cited by3 opinions
- State ex rel. O'Malley v. MusickMissouri Court of Appeals · 1910
- Eisiminger v. StantonMissouri Court of Appeals · 1908
- Walser v. LeachMissouri Court of Appeals · 1916