State ex rel. Kendrick v. Hudson
Missouri Court of Appeals
Appeal from tbe Carroll Circuit Court. — Hon. J ohn P. Butler, Judge.' (1) Tbe motion of tbe Vermont Marble Company to be made a party defendant should have been denied. Boyer v. Hamilton, 21 Mo. App. 520; Kortjohn v. Seimers, 29 Mo. App. 271; Browning v. Hilig, 69 Mo. App. 594; R. S. 1899, sec. 4491. (2) Defendants’ motion to strike out parts of tbe replication should have been denied.
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Appeal from tbe Carroll Circuit Court. — Hon. J ohn P. Butler, Judge.' (1) Tbe motion of tbe Vermont Marble Company to be made a party defendant should have been denied. Boyer v. Hamilton, 21 Mo. App. 520; Kortjohn v. Seimers, 29 Mo. App. 271; Browning v. Hilig, 69 Mo. App. 594; R. S. 1899, sec. 4491. (2) Defendants’ motion to strike out parts of tbe replication should have been denied. (3) Tbe judgment against Kendrick and Wagle created a.joint liability against them, which could not thereafter be made tbe basis of a several action or cross-demand against either of them. (4) As the head of a…
1Opinion of the CourtSmith, P. J.
B. L. Kendrick and J. S. Wagle executed their joint and several promissory notes to the Vermont Marble Company, a foreign business corporation, and upon which the latter brought suit by attachment against Kendrick alone who resisited the attachment and upon the hearing of his plea in abatement said marble company dismissed its attachment and took a nonsuit, with leave to withdraw the notes sired on. The *505attachment bond in said cause was not executed by or in the name of the Vermont Marble Company, but was executed by one Hudson as principal and by one Goodson as his surety. After dismissing…
2Cases cited16 opinions
- Green v. ConradSupreme Court of Missouri · 1893
- Gilliland v. Chicago & Alton RailroadMissouri Court of Appeals · 1885
- Parlin & Orendorff Co. v. BoatmanMissouri Court of Appeals · 1900
- Vallé v. Cerré'sSupreme Court of Missouri · 1865
- Boyer v. HamiltonMissouri Court of Appeals · 1886
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- United Shoe Machinery Co. v. RamloseSupreme Court of Missouri · 1908
- Caldwell v. RyanSupreme Court of Missouri · 1908
- Bowen v. City of HoldenMissouri Court of Appeals · 1901
- State ex rel. Shipman v. AllenMissouri Court of Appeals · 1907
- Goben v. MurrellMissouri Court of Appeals · 1916
5 more not listed; retrieve them via the Exa API.