Hayes v. Miller
Supreme Court of Missouri
Appeal from Greene Circuit Court.—ITon. W. E. Geiger, Judge. The plaintiff, Martha Hayes, being married ought to have joined her husband with her at the institution of the suit. R. S. 1879, § 3468. A judgment in her favor would have been a nullity. Consequently she had no valid action against defendant, and the justice could not so amend as to give her one.
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Appeal from Greene Circuit Court.—ITon. W. E. Geiger, Judge. The plaintiff, Martha Hayes, being married ought to have joined her husband with her at the institution of the suit. R. S. 1879, § 3468. A judgment in her favor would have been a nullity. Consequently she had no valid action against defendant, and the justice could not so amend as to give her one. McDowell v. Morgan, 33 Mo. 555. It was error for the court to require defendant to go to trial after sustaining his motion to compel plaintiffs to file a good and sufficient bond, and they had refused to comply with the order of the court.…
1Opinion of the Court
Ewing, C.
Martha. Hayes, as plaintiff, commenced this suit in her own name, before a justice of the peace to recover possession of a hog alleged to belong to her. Pending the trial before the justice, on motion of plaintiff, Joseph Hayes, the husband, was made a party.
There was a verdict and judgment for the plaintiffs, *425and an appeal to the circuit court, when the defendant filed his motion to dismiss the case for misjoinder of parties, in that Joseph Hayes at the time he was made a party was an insane person, under guardianship, and had not capacity to sue in his own name. On this motion, the…
2Cited by2 opinions
- Redmond ex rel. Redmond v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1910
- Beil v. GaertnerSupreme Court of Missouri · 1946