Shuler v. American Benevolent Ass'n
Missouri Court of Appeals
Appeal from Scotland Circuit Court. — Eon. Chas. D.. Stetoart, Judge. (1) There was no legal service on defendant in this cause. R. S. 1899, sec. 995, as amended by Mo. Sess. Acts 1903, p. 115. (2) The plea in abatement, should have been sustained, as the defendant was not sued in its corporate name. Hazek v. Benevolent Society, 66 Mo. App. 568. This case is almost on all-fours and the court then held no valid judgment could be rendered.
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Appeal from Scotland Circuit Court. — Eon. Chas. D.. Stetoart, Judge. (1) There was no legal service on defendant in this cause. R. S. 1899, sec. 995, as amended by Mo. Sess. Acts 1903, p. 115. (2) The plea in abatement, should have been sustained, as the defendant was not sued in its corporate name. Hazek v. Benevolent Society, 66 Mo. App. 568. This case is almost on all-fours and the court then held no valid judgment could be rendered. The proper defendant must be brought, before the court. Thompson v. Allen, 86 Mo. 85. Identity of name and of person are essential and every fact necessary…
1Opinion of the Court
BLAND, P. J.'
(after stating the facts). — 1. The remark of plaintiff’s counsel, “I have sued the American Benevolent Association about a hundred times,” to which defendant’s counsel objected and excepted, was out of place in the opening statement of the case and may have been prejudicial; but the abstract does not show that the court’s attention was called to the remark and an opportunity thus afforded it to rebuke the offending counsel and withdraw the objectionable statement from the jury. It is only exceptions to the *132action or non-action of the court that an appellate court may review.…
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