Teale v. American Manufacturers Mutual Insurance Co.

CLARK, Judge.

This appeal is brought from the order of the trial court dismissing plaintiff’s first amended petition. The order sustained defendant’s motion for dismissal which asserted that the petition failed to state a claim on which relief could be granted, that plaintiff was not the real party in interest and was without legal capacity to sue and that the court lacked jurisdiction over the subject matter. The order did not state which of the several causes were relied on as grounds for dismissal.

The pleaded facts of the case are as follows. One Whelchel, an employee of a supermarket,…