Metropolitan Street Railway Co. v. Adams Express Co.
Missouri Court of Appeals
Appeal from Jackson. Circuit Court. — Eon. 'William, O. Thomas, Judge. (1) An assignment of error in the overruling of a demurrer to plaintiff’s’ evidence will not be considered unless the whole evidence is set out in haec verija, in the abstract. Nash v. Brick Co., 109 Mo. App. 600; Keithley v. City of Independence, 120 Mo. App. 255; Moore v. Harmes, 123 Mo. App. 34; Plumbing Co. v. Brewing Co., 126 Mo.
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Appeal from Jackson. Circuit Court. — Eon. 'William, O. Thomas, Judge. (1) An assignment of error in the overruling of a demurrer to plaintiff’s’ evidence will not be considered unless the whole evidence is set out in haec verija, in the abstract. Nash v. Brick Co., 109 Mo. App. 600; Keithley v. City of Independence, 120 Mo. App. 255; Moore v. Harmes, 123 Mo. App. 34; Plumbing Co. v. Brewing Co., 126 Mo. App. 268; Haggard v. Walker, 111 S. W. 904; ■Goodson v. Railroad, 23 Mo. App. 76. (2) A misjoinder of parties, or defect of parties, is cured by verdict. Revised Statutes 1899, sec. 672;…
1Opinion of the CourtJohnson, J.
This is an action for damage brought in the circuit court of Jackson county by the Metropolitan Street Railway Company, plaintiff, against Adams Express Company, Levi C. Weir, W. H. Damsel and Charles Steele, trustees, defendants. The petition alleged “that the Adams Express Company is-a joint stock association organized and existing under the laws of the State of New York; that Levi C. Weir' is president and W. H. Damsel and Charles Steele are the trustees thereof.” The cause of action stated is “that on the 25th day of December, 1904, at or near the Union Depot in Kansas City, Jackson…
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