Wiehtuechter ex rel. American International Musical & Theatrical Union, Local No. 2 v. Miller
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) Local unions may be impleaded in tbeir common name. Rhodes Bros. v. Musicians’ Union No. 198, 37 R. I. [1915] 281. Or its members may be impleaded alone, under the law of principal and agent.
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Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) Local unions may be impleaded in tbeir common name. Rhodes Bros. v. Musicians’ Union No. 198, 37 R. I. [1915] 281. Or its members may be impleaded alone, under the law of principal and agent. Lawler v. Loewe, 235 U. S. 522. (2) It is shown that local union in suit is an aggregation of personal talents, which definition applies to an ordinary partnership as distinguished from an aggregation of capital, that the libelous publication complained of is leveled at the common name of the unincorporated branch as a unit of…
1Opinion of the Court
WHITE, C.
The defendants in this case filed a demurrer to the plaintiffs’ petition, which attempts to slate a cause oi action for libel. The demurrer was sustained : plaintiffs declined to plead further, judgment was entered on bc-half of defendants, and plaintiffs appealed.
The petition alleges:
“That plaintiffs are members of the American International Musicians’ Union, Local No. 2; that said local union is a voluntary benevolent association or trades-union; that the members of said union are too numerous to he joined as parties plaintiff herein; that plaintiffs bring this suit in a…
2Cases cited8 opinions
- Snyder v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Hoester v. SammelmannSupreme Court of Missouri · 1890
- State ex rel. Pearson v. Louisiana & Missouri River RailroadSupreme Court of Missouri · 1906
- Kuhl v. MeyerMissouri Court of Appeals · 1889
- Wilson v. Polk CountySupreme Court of Missouri · 1892
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3Cited by4 opinions
- Clark v. Grand Lodge of the Brotherhood of Railroad TrainmenSupreme Court of Missouri · 1931
- State Ex Rel. Great American Home Savings Institution v. LeeSupreme Court of Missouri · 1921
- McIntyre v. Live Stock Shipping Assn.Missouri Court of Appeals · 1928
- Withers v. Rockland Mines Co.Nevada Supreme Court · 1937