Graham v. Ringo
Supreme Court of Missouri
Appeal from Cape Girardeau Court of Common Pleas. — IIon* H. G. Wilson, Judge. The trial court had jurisdiction in this cause against the maker of the note. 2 Wag. Stat., p.-1005, § 1; January v. Mice, 33 Mo. 409 ; Huxley v. Harrold, 62 Mo. 523. Where there is a misjoinder of causes of action, only those injured have the right to complain.
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Appeal from Cape Girardeau Court of Common Pleas. — IIon* H. G. Wilson, Judge. The trial court had jurisdiction in this cause against the maker of the note. 2 Wag. Stat., p.-1005, § 1; January v. Mice, 33 Mo. 409 ; Huxley v. Harrold, 62 Mo. 523. Where there is a misjoinder of causes of action, only those injured have the right to complain. Dickerson v. Ghnsmav, 28 Mo. 138. The proper way of correcting such irregularity is by motion to compel an election, and this must bo ■done by the adverse party, and the objection is waived if the petition is not demurred to or moved against, and if the…
1Opinion of the CourtHough, J.
This was an action instituted in the Cape Girardeau court of common pleas, against the defendant, Bingo, as maker, and the defendant, Hector, as guarantor, of a certain promissory note. Hector resided in Cape •Girardeau county, but the defendant, Eingo, resided, and *326was served, in Scott county. Botb made default, and, on the 4th day of February, 1876, final judgment was rendered against botb. On the 7th day of February ,1876,the defendant Ringo, appeared specially, and moved to set aside the judgment rendered against him, for the reason that he could not be jointly sued with the defendant,…
2Cases cited4 opinions
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- Byler v. JonesSupreme Court of Missouri · 1883
- Hill v. CombsMissouri Court of Appeals · 1902
- Hurlburt v. PalmerNebraska Supreme Court · 1894
- Mertens v. McMahonSupreme Court of Missouri · 1933
- Diehr v. Carey and Fid. Cas. Co. of N.Y.Missouri Court of Appeals · 1945
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