O'Rourke v. Kelly Printer Corp.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Eon. Eugene MeQuilUn, Judge. (1) Plaintiffs, G. D. Powers and Charles Ziegler, being dead at the time of trial and rendition of judgment, said judgment is void. Weller Mfg. Co. v. Eaton, 81 Mo. App; 657; Murphy v. Redmond, 46 Mo. 317; Railroad v. Woodson, 110 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court.—Eon. Eugene MeQuilUn, Judge. (1) Plaintiffs, G. D. Powers and Charles Ziegler, being dead at the time of trial and rendition of judgment, said judgment is void. Weller Mfg. Co. v. Eaton, 81 Mo. App; 657; Murphy v. Redmond, 46 Mo. 317; Railroad v. Woodson, 110 Mo. App. 208. (2) Mr. O’Malley, acting as counsel for the surviving plaintiffs, had no authority to dismiss the cause with reference to Powers and Ziegler, who' were dead, and such act could not make valid a void judgment. McLaran v. Wilhelm, 50 Mo. App. 658. (3) There can be no recovery in the…
1Opinion of the CourtReynolds, P. J.
H. P. O’Rourke and seventy other individuals instituted action against defendant before a justice of the peace of the city of St. Louis, by their amended statement, or petition, as it is called, setting out that they are and were at all times in the statement mentioned, “The sole members of the Parochial School Athletic League of St. Louis, a voluntary, unincorporated society, organized for the purpose of promoting athletics among the students of the Parochial Schools of the city of St. Louis, and for holding of athletic meets and exhibitions.” Averring that defendant is a corporation…
2Cases cited5 opinions
- Slaughter v. DavenportSupreme Court of Missouri · 1899
- Eddie v. Greene Parke'sSupreme Court of Missouri · 1862
- Hunleth v. LeahySupreme Court of Missouri · 1898
- Missouri Bottlers' Ass'n v. FennertyMissouri Court of Appeals · 1899
- Hammerstein v. ParsonsMissouri Court of Appeals · 1889
3Cited by4 opinions
- Newton County Farmers & Fruit-Growers Exchange v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1930
- Willoughby v. HildrethMissouri Court of Appeals · 1914
- Schulte v. CritesMissouri Court of Appeals · 1958
- Aurora Fruit Growers Ass'n v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1927