Jeffries v. McLean
Supreme Court of Missouri
APPEAL FROM FRANKLIN CIRCUIT COURT. A suit can only be commenced in a court of record in this State by filing in the office of the clerk of the court a declaration setting forth the plaintiff’s cause of action. Rev. Stat. chap. 136, art. 1st, sect. 1. Papers in a cause, after being filed, are beyond the control of counsel or parties, and that the possession of them again, in order to alter, amend or re-file, can alone be had by leave of the court.
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APPEAL FROM FRANKLIN CIRCUIT COURT. A suit can only be commenced in a court of record in this State by filing in the office of the clerk of the court a declaration setting forth the plaintiff’s cause of action. Rev. Stat. chap. 136, art. 1st, sect. 1. Papers in a cause, after being filed, are beyond the control of counsel or parties, and that the possession of them again, in order to alter, amend or re-file, can alone be had by leave of the court. The demurrer filed in this case was good, and should have been sustained by the court below, and not overruled. Where several are bound or liable,…
1Opinion of the Court
Judge Ryland
delivered the opinion of the court.
This was an action of debt brought by the plaintiff, Elijah McLean, as executor of Ambrose Ranson, dec’d., to the use of John G. Chiles, in the circuit court of Franklin county, against John L. Hamilton, Thomas Buckner and Cuthbert S. Jeffries. The summons was returnable to the March term, 1848, of the said circuit court. It was properly *540served on the defendants Buckner- and Jeffries, and at the return term of the writ, it appears from the record, that the defendants appeared and made their motion to dismiss the suit, which was. overruled; they…
2Cited by3 opinions
- Payne v. First National BankMissouri Court of Appeals · 1891
- Thornton v. RankinSupreme Court of Missouri · 1853
- Nickerson v. GilliamSupreme Court of Missouri · 1860