Clark v. Kansas City, St. Louis & Chicago Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. John Q. 'Park, Judge. (1) The refusal of the father, Thomas Ritter, to join with the mother, cannot prevent the mother from suing. The father, Thomas Ritter, refused to join with the mother because he had executed a release to defendant for a smaJl sum. That by so doing he could deprive the mother of the right to sue is rank injustice. Each would have an equal interest in the judgment and neither could release the claim of the other.
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Appeal from Jackson Circuit Court. — Eon. John Q. 'Park, Judge. (1) The refusal of the father, Thomas Ritter, to join with the mother, cannot prevent the mother from suing. The father, Thomas Ritter, refused to join with the mother because he had executed a release to defendant for a smaJl sum. That by so doing he could deprive the mother of the right to sue is rank injustice. Each would have an equal interest in the judgment and neither could release the claim of the other. To say that the mother still has a claim but cannot enforce it by suit owing to the refusal of the father to join with…
1Opinion of the Court
LAMM, P. J. —
Emma Clark had a son. Charles Ritter (at his death an unmarried minor), by a former divorced husband, Thomas Ritter. Joining her former husband in the suit as a coplaintiff against his consent, she sues for the statutory penalty of $5,000 for the wrongful death of Charles. Defendant demurred. Cast thereby, plaintiff refused to plead over, and, judgment going against her, she appeals.
Sufficient of the record to determine questions raised will appear in the following
*528STATEMENT OP THE CASE.
(Nota bene-. Dates aro material.) The petition was filed September 11, 1905. After alleging…
2Cases cited24 opinions
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Cytron v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Coe v. RitterSupreme Court of Missouri · 1885
- Casey v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Coover v. Moore & WalkerSupreme Court of Missouri · 1862
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3Cited by117 opinions
- Lincoln Credit Co. v. PeachSupreme Court of Missouri · 1982
- Orlicki v. McCarthyIllinois Supreme Court · 1954
- Cummins v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Sanders v. AhmedSupreme Court of Missouri · 2012
- State Ex Rel. St. Louis-San Francisco Railway Co. v. BuderSupreme Court of Missouri · 1974
112 more not listed; retrieve them via the Exa API.