Cobble ex rel. Cobble v. McDonald

RUARK, Judge.

Plaintiffs’ original petition was in three counts, wherein claim was made in separate counts for $40,000, $400 and $3,000. Defendant filed answer asserting several defenses and also a counterclaim claiming damages in amount of $500. Thereafter plaintiffs filed amended petition claiming (in separate counts) $40,000, $10,000, $400, $3,000, and $5,000. Defendant filed motion; to dismiss on the ground that the defendant named in the first petition had died pending litigation, that there had been no action; taken for substitution of proper parties as required by section 507.100, as…