Legal Opinion

Sexton v. Snyder

Missouri Court of Appeals

Decided May 22, 1906PublishedCited by 5 opinions

Appeal from St. Louis City Circuit Court. — Son. Matt. G-. Reynolds, Judge. (1) Appellants’ objection to the introduction of any testimony in the case on the ground that the petition did not state facts sufficient to constitute a cause of action, should have been sustained. It did not state the number of guests nor the price per guest. Shaver v. Ins. Co., 79 Mo. App. 420; Murphy v. Ins. Co., 70 Mo.

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Appeal from St. Louis City Circuit Court. — Son. Matt. G-. Reynolds, Judge. (1) Appellants’ objection to the introduction of any testimony in the case on the ground that the petition did not state facts sufficient to constitute a cause of action, should have been sustained. It did not state the number of guests nor the price per guest. Shaver v. Ins. Co., 79 Mo. App. 420; Murphy v. Ins. Co., 70 Mo. App. 78; Malone v. Fidelity & Casualty Co., 71 Mr. App. 1; Staples v. Shackleford, 150 Mo. 471, 51 S. W. 1036. (2) The objection to the testimony as to the reasonable value of plaintiff’s services…

1Opinion of the Court

NORTON!, J.

(after stating the facts). — 1. The first and principal argument advanced for a reversal of the judgment is that the court erred in refusing to permit M'r. Snyder to become a party defendant in the *675circuit court and to file a counterclaim. It is only necessary to say in answer to this proposition that Mr. Snyder is no party to this suit and has no standing in this court. The trial, as had in the circuit court and the judgment entered by it, was against the two defendants Wilson and Mister. There was no judgment against Snyder and there is nothing from which he can appeal’ in this…

2Cases cited2 opinions

  1. Martin v. FewellSupreme Court of Missouri · 1883
  2. Darnell v. LaffertyMissouri Court of Appeals · 1905

3Cited by5 opinions

  1. Service Life Insurance Co. of Fort Worth v. DavisMissouri Court of Appeals · 1971
  2. Ellis v. BrandMissouri Court of Appeals · 1913
  3. A. W. Mendenhall Co. v. BooherMissouri Court of Appeals · 1932
  4. Farmers State Bank v. KuchsMissouri Court of Appeals · 1912
  5. Poll v. InglishMissouri Court of Appeals · 1926

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