Alexander v. Wade
Missouri Court of Appeals
Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) The plaintiff having by his answer raised the point that there was an improper joinder of parties plaintiff and an improper joinder of causes of action in the interpleaders pleading, the point should have been sustained as the proof showed there was no possible reason why wholesale merchants residing in different cities, having different contracts and seeking to recover different amounts should be joined…
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Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) The plaintiff having by his answer raised the point that there was an improper joinder of parties plaintiff and an improper joinder of causes of action in the interpleaders pleading, the point should have been sustained as the proof showed there was no possible reason why wholesale merchants residing in different cities, having different contracts and seeking to recover different amounts should be joined as common litigants in one action and 'in one count of the pleading in said action. Hoagland v. Railroad, 39 Mo. 451;…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. Appellant alleged in his answer that the interpleaders were not necessary parties to the suit and insists here that they had no legal capacity to sue by interplea. If the interpleaders have no capacity to sue, the fact appeared on the face of their interplea and the objection should have been raised’ by special demurrer. Section 598, Code of Civil Procedure, R. S. 1899. By answering the plaintiff waived the objection. The Mechanics’ Bank to use of Davis v. Gilpin, 105 Mo. 17; Gregory v. McCormick, 120 Mo. 657.
2. There are some minor and technical objections to…
2Cases cited10 opinions
- McCracken v. City of San FranciscoCalifornia Supreme Court · 1860
- Gregory v. McCormickSupreme Court of Missouri · 1894
- Southern Commercial Savings Bank v. Slattery's AdministratorSupreme Court of Missouri · 1902
- Mechanics' Bank ex rel. Davis v. GilpinSupreme Court of Missouri · 1891
- Summerville v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1876
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3Cited by6 opinions
- Ireland v. ShukertMissouri Court of Appeals · 1943
- Guilbert v. KessingerMissouri Court of Appeals · 1913
- State Ex Rel. Hawken v. EdwardsSupreme Court of Missouri · 1926
- Smith v. Jefferson BankMissouri Court of Appeals · 1906
- Anderson v. Middle States Utilities Co.Missouri Court of Appeals · 1936
1 more not listed; retrieve them via the Exa API.