Hays v. Merkle
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. B. Yalliant, Judge. The Oliver & Imboden Company, one of tbe plaintiffs and real party in interest, is alleged to be a corporation Of Kansas, and no averment is made in tbe petition showing its right to maintain an action in this state. It was error in the court to overrule this objection. Session Acts, Mo., 1891, p. 75; Carson-Band Co.-v. Stern, 129 Mo. —; Paulv. Virginia, 3 Wall. 168; Ducat v. Chicago, 10 Id. 410; Ins.
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Appeal from the St. Louis City Circuit Court. — Hon. B. Yalliant, Judge. The Oliver & Imboden Company, one of tbe plaintiffs and real party in interest, is alleged to be a corporation Of Kansas, and no averment is made in tbe petition showing its right to maintain an action in this state. It was error in the court to overrule this objection. Session Acts, Mo., 1891, p. 75; Carson-Band Co.-v. Stern, 129 Mo. —; Paulv. Virginia, 3 Wall. 168; Ducat v. Chicago, 10 Id. 410; Ins. Co. v. Needles, 113 W. S. 574. The transcript of the record of the district court of Sedgwick county, Kansas, read in…
1Opinion of the CourtBond, J.
The petition alleges that plaintiff, W. W. Hays, was sheriff of Sedgwick county, Kansas; that the coplaintiff, the Oliver & Imboden Company, was incorporated and is engaged in business in that state; that defendant replevied certain personal property from said parties in the district court of Sedgwick county, Kansas; that upon a trial of said suit judgment was rendered for the defendants therein for the redelivery of the property, or failing that, the recovery of $378.50 and costs. The petition alleges that said judgment, was not complied with, wherefore the defendants therein bring the…
2Cases cited2 opinions
- Hays v. MerkleMissouri Court of Appeals · 1896
- Smith v. KanderMissouri Court of Appeals · 1894
3Cited by2 opinions
- Frick Co. v. MarshallMissouri Court of Appeals · 1900
- National Surety Co. v. Austin Machinery Corp.Court of Appeals for the Sixth Circuit · 1929