Foster v. Wulfing
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. The court erred in submitting the case to the jury without first making Hayden a party defendant. Hayden was one of the joint contractors and defendant, Wnlfing, had a right to have him joined as a defendant, so that a personal judgment might be had against him and execution returned before the lien could be enforced against the property; this request was properly in the answer.
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Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. The court erred in submitting the case to the jury without first making Hayden a party defendant. Hayden was one of the joint contractors and defendant, Wnlfing, had a right to have him joined as a defendant, so that a personal judgment might be had against him and execution returned before the lien could be enforced against the property; this request was properly in the answer. Putnam v. Boss, 55 Mo. 116; HorstJcotte ». Menier, 50 Mo. 158. The account filed is not such an account as the statute requires ; there are no items…
1DissentRombauer, J.
New things are more essential to the just administration of law than an adherence on the part of its judges to the principle that fixed rules and not individual opinions of propriety should determine-the judgment in any given case. It makes no difference in the application of this principle whether the power to be exercised is discretionary, because a judicial discretion must also be dependent on certain fixed rules, and is not synonymous with the arbitrary will of the judge, dependent on the changing mood of the man.
The law provides that this court “in appeals or writs of error shall examine…
2Cases cited14 opinions
- Dwyer v. DwyerMissouri Court of Appeals · 1885
- State v. FuchsMissouri Court of Appeals · 1885
- Andrews v. St. Louis Tunnel RailroadMissouri Court of Appeals · 1884
- State v. SellnerMissouri Court of Appeals · 1885
- Ellison v. RalstonMissouri Court of Appeals · 1885
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