Lilly v. Tobbein
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) In the absence of statutory authority, the unincorporated Immaculate Conception Society was powerless to appear as a plaintiff in court. It was not a legal entity, could not sue, and a proceeding to which it alone appeared in an assumed corporate capacity, negatived, ho-wever, on the face of the petition, was a nullity — it lacked the essential requisite of an actor recognized by law.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) In the absence of statutory authority, the unincorporated Immaculate Conception Society was powerless to appear as a plaintiff in court. It was not a legal entity, could not sue, and a proceeding to which it alone appeared in an assumed corporate capacity, negatived, ho-wever, on the face of the petition, was a nullity — it lacked the essential requisite of an actor recognized by law. Blakely v. Benecke, 59 Mo. 195; Heath V: Ooslin, 80 Mo. 316; Webb v. LaFayette Co., 67 Mo. 353, 365; Van Bioren v. Church, 63 Barb. 495, 497;…
1Opinion of the CourtBlack, J.
This case is now before us on rehearing. It was stated in the abstracts on both sides, on the *484former hearing, that the present suit was commenced by an incorporated association, and we decided the case on that theory of fact. It now transpires that it was commenced by an unincorporated association. While the error in this statement of fact affects but one or two questions, still it is deemed best to substitute this opinion for the one heretofore filed.
Ilett Tobbein died on the twenty-fifth of September, 1879, leaving a wife but no living children. He left a will, whereby he devised all of his…
2Cases cited14 opinions
- Lottman v. BarnettSupreme Court of Missouri · 1876
- Newmeyer v. Mo. & Miss. R. R.Supreme Court of Missouri · 1873
- United States Insurance v. LudwigIllinois Supreme Court · 1884
- Schmidt v. HessSupreme Court of Missouri · 1875
- Cox v. CoxSupreme Court of Missouri · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- In Re RahnSupreme Court of Missouri · 1927
- Dickey v. VolkerSupreme Court of Missouri · 1928
- Clark Estate Co. v. GentrySupreme Court of Missouri · 1951
- Lilly v. MenkeSupreme Court of Missouri · 1894
- Braeuel v. ReutherSupreme Court of Missouri · 1917
66 more not listed; retrieve them via the Exa API.