Legal Opinion

Peniston v. Hydraulic Press Brick Co.

Supreme Court of Missouri

Decided June 1, 1911PublishedCited by 10 opinions

Appeal from the St. Louis City Circuit Court. — Eon. W. B. Eomer, Judge. (Í) The plaintiffs’ petition was not multifarious for the reason that it joined numerous defendants who claimed distinct and separate parcels of land, unconnected from the other defendants, for the reason, as set forth in plaintiffs’ reply, that the defendants all claim title to the property described in plaintiffs’ petition through a common source, and that plaintiffs claim the same property by a…

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Appeal from the St. Louis City Circuit Court. — Eon. W. B. Eomer, Judge. (Í) The plaintiffs’ petition was not multifarious for the reason that it joined numerous defendants who claimed distinct and separate parcels of land, unconnected from the other defendants, for the reason, as set forth in plaintiffs’ reply, that the defendants all claim title to the property described in plaintiffs’ petition through a common source, and that plaintiffs claim the same property by a paramount title to that of the defendants. It is not necessary, in order to avoid misjoining* parties defendants, that each…

1Opinion of the CourtLamm, J.

— Plaintiffs sue in the circuit court of tbe city of St. Louis in 1906. Defendants are tbe Hydraulic Press Brick Company, a, corporation, and 474 other corporations and individuals. The object of the suit is to try the title and determine the interests of plaintiffs and defendants respectively in and to 306 acres of land west of King’s Highway in the city of St. Louis. [See Sec. 650, R. S. 1899; now Sec. 2535, R. S. 1909.]

Defendants answered separately. Plaintiffs replied and thereafter defendants moved for judgment on the pleadings. That motion was sustained on the 10th day of February,…

2Cases cited19 opinions

  1. Hale v. AllinsonSupreme Court of the United States · 1903
  2. Lee v. ConranSupreme Court of Missouri · 1908
  3. Tucker v. TuckerSupreme Court of Missouri · 1860
  4. Mullen v. HewittSupreme Court of Missouri · 1890
  5. Sutton v. CasseleggiSupreme Court of Missouri · 1883

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3Cited by10 opinions

  1. Ex Parte Higgins v. HoctorSupreme Court of Missouri · 1933
  2. Troll v. City of St. LouisSupreme Court of Missouri · 1914
  3. Pankey v. OrtizNew Mexico Supreme Court · 1921
  4. Buford v. LucySupreme Court of Missouri · 1959
  5. American Central Ins. v. Harmon Knitting Mills, Inc.Court of Appeals for the Seventh Circuit · 1930

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