Wall v. Continental Casualty Co.
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Hon. H. O. Pepper, Judge. The court should have sustained defendant’s objection to the introduction of any testimony under the petition. Under the policy sued on there was absolutely no cause of action alleged or attempted to be charged against this defendant in the petition after plaintiff had dismissed the case as to the defendant Railway Officials Association.
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Appeal from Lawrence Circuit Court. — Hon. H. O. Pepper, Judge. The court should have sustained defendant’s objection to the introduction of any testimony under the petition. Under the policy sued on there was absolutely no cause of action alleged or attempted to be charged against this defendant in the petition after plaintiff had dismissed the case as to the defendant Railway Officials Association. When he dismissed his case against the Railway Officials Company — that put plaintiff out of court. The Statute of Fraud is absolutely fatal to his cause of action. Haeberle v. O’Day, 61 Mo. App.…
1Opinion of the CourtGoode, J.
(after stating the facts). — 1. The appeal in this case was allowed more than sixty days before our March term, 1904; but was not. perfected until the October term, 1904; the court below having granted until March 14th for the filing of the bill of exceptions, a day subsequent to the beginning of our March term. We therefore overruled the plaintiffs motion to dismiss the appeal and are reproached for that ruling, in the brief of his counsel, on the ground that it was inconsistent with the decisions in Kirkwood v. Cairns, 40 Mo. App. 631, and Sosman v. Conlon, 59 Mo. App. 313. It was held in…
2Cases cited20 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Lobdill v. Laboring Men's Mutual Aid Ass'n of ChatfieldSupreme Court of Minnesota · 1897
- Lyon v. Railway Passenger Assurance Co.Supreme Court of Iowa · 1877
- Hohn v. Inter-State Casualty Co.Michigan Supreme Court · 1897
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
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3Cited by36 opinions
- Foglesong v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1906
- Prudential Insurance Co. of America v. SouthSupreme Court of Georgia · 1934
- Industrial Mutual Indemnity Co. v. HawkinsSupreme Court of Arkansas · 1910
- Prudential Insurance Co. of America v. HarrisCourt of Appeals of Kentucky (pre-1976) · 1934
- Liberty Mutual Insurance v. BlackshearSupreme Court of Georgia · 1944
31 more not listed; retrieve them via the Exa API.