Drakopulos v. Biddle
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Daniel E. Bird, Judge. (1) Substituting tbe widow, wbo bad tbe legal right to sue for tbe claim for wbicb tbe action was brought, instead of a personal representative improperly named as plaintiff, was not a departure, or commencement of a new action. There is a vast difference between substituting a competent for an incompetent plaintiff, and bringing in a new defendant. Vaughan v. Ry. Co., 177 Mo. App. 155; Dugan v. Ry.
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Appeal from Jackson Circuit Court. — Hon. Daniel E. Bird, Judge. (1) Substituting tbe widow, wbo bad tbe legal right to sue for tbe claim for wbicb tbe action was brought, instead of a personal representative improperly named as plaintiff, was not a departure, or commencement of a new action. There is a vast difference between substituting a competent for an incompetent plaintiff, and bringing in a new defendant. Vaughan v. Ry. Co., 177 Mo. App. 155; Dugan v. Ry. Co., 178 Mo. App. 165; Lilly v. Tobbein, 103 Mo. 477 ;/Mott v. Long, 90 Kan. 110; Up-son v. Railway, 211 Mass. 446; Harknes's v.…
1Opinion of the CourtDavid E. Blair, J.
The action is for damages for the wrongful death of Gust Drakopulos, the husband of plaintiff. The original petition was filed August 7, 1915. The fourth amended petition, filed December 3, 1918, ran in the name of Samuel B. Strother, Administrator of the Estate of Gust Drakopulos, deceased. It alleges that plaintiff therein was the “duly appointed administrator,” etc. Certain allegations relating to the appointment of receivers for the St. Louis'& San Francisco Railroad Company, foreclosure sale of its property and purchase thereof by defendant, St. Louis & San Francisco Railway Company, are…
2Cases cited6 opinions
- Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
- Landis v. HamiltonSupreme Court of Missouri · 1883
- Vaughan v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1914
- St. Charles Savings Bank v. ThompsonSupreme Court of Missouri · 1920
- Broyles v. EversmeyerSupreme Court of Missouri · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Goldschmidt v. Pevely Dairy Co.Supreme Court of Missouri · 1937
- State ex rel. Jewish Hospital of St. Louis v. BuderMissouri Court of Appeals · 1976
- Slater v. Kansas City Terminal Railway CompanySupreme Court of Missouri · 1954
- Webster v. Joplin Water Works CompanySupreme Court of Missouri · 1944
- Rotella v. JosephMissouri Court of Appeals · 1981
6 more not listed; retrieve them via the Exa API.