Barrett v. Stoddard County
Supreme Court of Missouri
Appeal from Stoddard Circuit Court. — Hon. W. N* Evans, Judge. (1) The dissolution of defendant, the Bank of Essex, deprived the circuit court of jurisdiction to proceed further herein and the action abated. 9 Am. & Eng. Ency. Law (2 Ed.) 606; Bank v. Selma, 21 Wall. 609; 5 Ency.
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Appeal from Stoddard Circuit Court. — Hon. W. N* Evans, Judge. (1) The dissolution of defendant, the Bank of Essex, deprived the circuit court of jurisdiction to proceed further herein and the action abated. 9 Am. & Eng. Ency. Law (2 Ed.) 606; Bank v. Selma, 21 Wall. 609; 5 Ency. PL & Pr., p. 96; Youree v. Insurance Co., 180 Mo. 164; Sauer v. Hotel Co., 65 Mo. 287; Bradley v. Rappell, 133 Mo. 552. The death of a party, necessary to the determination of a controversy, abates the entire action and the court cannot proceed to render judgment for or against the surviving parties. 5 Ency. PI. &…
1Opinion of the CourtFerriss, J.
The following statement of the case is adopted from the statement and brief filed here by appellants.
This is an action by fifty and more resident, solvent and responsible taxpaying, citizens of Stoddard county, Missouri, against the above named defendants, for the purpose of having the action of the county court of said county, in selecting the Bank of Essex, of Essex, Missouri, as 'the depositary of the various *505funds of tlie county and tlie funds under tlie control of the county court, inquired into and annulled, and for a mandatory injunction requiring said defendants to refrain from all…
2Cases cited2 opinions
- Henry County v. SalmonSupreme Court of Missouri · 1907
- Reagan v. County CourtSupreme Court of Missouri · 1910
3Cited by7 opinions
- Fidelity & Deposit Co. of Maryland v. Farmers' Bank of Bates CountyCourt of Appeals for the Eighth Circuit · 1930
- Hurley v. Citizens' Nat. Bank of Sour LakeCourt of Appeals of Texas · 1921
- Bullock v. B. R. Electric Supply Co.Missouri Court of Appeals · 1933
- Hurley v. CampCourt of Appeals of Texas · 1921
- Poncot v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
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