McElroy v. Ford
Missouri Court of Appeals
Appeal from the City of St. Louis Circuit Court. — Eon. William Zachritz, Judge. (1) Our present statute of limitations, set up by respondent as a bar (Sess. Acts 1895, p. 221), is of no validity as to this cause of action, and, no bar to the prosecution of this suit.
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Appeal from the City of St. Louis Circuit Court. — Eon. William Zachritz, Judge. (1) Our present statute of limitations, set up by respondent as a bar (Sess. Acts 1895, p. 221), is of no validity as to this cause of action, and, no bar to the prosecution of this suit. Oranor v. School Dist., 52 S. W. Rep. 232. (2) The main question and, in fact, the only question, urged by respondent; and considered by the court below, was whether or not Withrow was a necessary party defendant. The circuit court held that he was and on that holding alone nonsuited appellant. All the testimony introduced as to…
1Opinion of the CourtBond, J.
Plaintiff sues for- an unpaid balance of a judgment recovered by him against defendant and one O. H. Withrow, upon a note executed in their firm name for a co-partnership indebtedness, which judgment was rendered by a court of general jurisdiction in the state of Kentucky on the thirtieth of June, 1880. Said O. H. Withrow was not made a party defendant, the petition alleging that under the laws of Kentucky the judgment in question was a joint and several obligation against the defendants therein. The answer was a general denial, a plea of non-joinder of Withrow in abatement of the action, and…
2Cases cited7 opinions
- State ex rel. Ozark County v. TateSupreme Court of Missouri · 1891
- Neenan v. City of St. JosephSupreme Court of Missouri · 1894
- Cranor v. School District No. 2 of Township No. 62 of Range No. 82Supreme Court of Missouri · 1899
- Cooksey v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- Horn v. Excelsior Springs Co.Missouri Court of Appeals · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Electrolytic Chlorine Co. v. Wallace & Tiernan Co.Supreme Court of Missouri · 1931
- Taylor v. TaylorMissouri Court of Appeals · 1963
- Grand Lodge Ancient Order of United Workmen v. McFaddenSupreme Court of Missouri · 1908
- First National Bank v. HahnMissouri Court of Appeals · 1917
- Inzerillo v. C., B. Q.R.R. Co.Missouri Court of Appeals · 1931
2 more not listed; retrieve them via the Exa API.