McCarty v. Hall
Supreme Court of Missouri
ERROR TO JACKSON CIRCUIT COURT. The court below erred in giving judgment against plaintiff npon the demurrer. There are some special causes assigned in said demurrer, but as there is but one cause set out in the demurrer, permitted hy the act reforming the Practice at Law, approved 3i'ebruary24,1849,1 will notice that alone, which is, the plaintiff has no legal capacity to sue.
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ERROR TO JACKSON CIRCUIT COURT. The court below erred in giving judgment against plaintiff npon the demurrer. There are some special causes assigned in said demurrer, but as there is but one cause set out in the demurrer, permitted hy the act reforming the Practice at Law, approved 3i'ebruary24,1849,1 will notice that alone, which is, the plaintiff has no legal capacity to sue. The objection is made for two reasons : 1. Because the letters were void, being signed by the deputy instead of the principal clerk. This objection is mot by the denial that it is necessary that the letters should be…
1Opinion of the CourtRyland, J.
John McCarty sued Jacob Hall in the Circuit Court of Jackson county, in this State. The action is under the new statute concerning the Practice in Courts of Justice. The petition discloses the following facts : That on the first of August, 1845, the defendant, Jacob Hall, executed and delivered to Edward Wilbourn his promissory note for the paymenfoffifteen hundred and twenty-two dollars and fifty cents, payable three years after date. That said Wilbo.urn died, and that some time in 1847, administration -of his estate was duly granted to Robert Y/ilboum by the Probate Court of Dallas county,…
2Cases cited5 opinions
- Ingraham v. GeyerMassachusetts Supreme Judicial Court · 1816
- Goodwin v. JonesMassachusetts Supreme Judicial Court · 1807
- Stringer v. Lessee of YoungSupreme Court of the United States · 1830
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- Selectmen of Boston v. BoylstonMassachusetts Supreme Judicial Court · 1808
3Cited by10 opinions
- Becraft v. LewisMissouri Court of Appeals · 1890
- Reynolds v. McMullenMichigan Supreme Court · 1885
- Moore v. JordanSupreme Court of Kansas · 1887
- Hartnett v. Langan.Supreme Court of Missouri · 1920
- Hibbard v. ThompsonSupreme Court of Missouri · 1927
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