Bryant v. Phillips
Missouri Court of Appeals
Appeal from New Madrid County Circuit Court. — Hon. Frank Kelly, Judge. (1) A cause of action must be prosecuted by the-real parties in interest. Edmonson v. Carriage & Harness Co., 149 Mo. App. 128; Bagnell Timber Co. v. Railroad, 180 Mo. 420. (2) One partner cannot maintain a cause of action for his portion of the amount of the-claim. Amble v. Land Co., 144 Mo.
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Appeal from New Madrid County Circuit Court. — Hon. Frank Kelly, Judge. (1) A cause of action must be prosecuted by the-real parties in interest. Edmonson v. Carriage & Harness Co., 149 Mo. App. 128; Bagnell Timber Co. v. Railroad, 180 Mo. 420. (2) One partner cannot maintain a cause of action for his portion of the amount of the-claim. Amble v. Land Co., 144 Mo. App. 303. (1) A defect of parties plaintiff appearing on the face of the petition must be taken advantage of by demurrer, and if not so appearing it must be taken advantage-of by answer. R. S. 1909, sec. 1800, subdiv. 4; R. S. 1909,…
1Opinion of the CourtRobertson, P. J.
Plaintiff sued the defendant for boating cattle, mules' and hogs from defendant’s farm on the Mississippi river to New Madrid and for certain supplies used in equipping the barge used for said transportation. The defendant filed a counterclaim. A jury trial resulted in a verdict for plaintiff on his petition and against defendant on his counterclaim, judgment was entered accordingly and the defendant has appealed.
The sole point made here is that the judgment in behalf of plaintiff cannot stand because of the testimony of plaintiff as follows: “Q. In March and April, 1913, ware you the owner…
2Cases cited4 opinions
- Bagnell Timber Co. v. Missouri, Kansas & Texas RailroadSupreme Court of Missouri · 1904
- Anable v. McDonald Land & Mining Co.Missouri Court of Appeals · 1910
- Vanhoosier v. DunlapMissouri Court of Appeals · 1906
- McLendon v. Wabash RailroadMissouri Court of Appeals · 1906
3Cited by1 opinion
- Halff Co. v. WaughCourt of Appeals of Texas · 1916