Legal Opinion

Barnes v. Whitson

Supreme Court of Missouri

Decided December 30, 1920Published

Appeal from Audrain Circuit Court. — Hon. Ernest 8. Gantt, Judge. (1) Tlie defendants were all in court; the court had jurisdiction of the cause and a final judgment was proper as against the defendants.

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Appeal from Audrain Circuit Court. — Hon. Ernest 8. Gantt, Judge. (1) Tlie defendants were all in court; the court had jurisdiction of the cause and a final judgment was proper as against the defendants. R. S. 1909, sec. 1799; Montiz, v. Moran, 263 Mo. 261. (2) In a Suit in equity, every person having; a material legal or beneficial interest in the subject-matter may properly be made party plaintiff or defendant, regardless of whether the interest are joint or several, the object being to settle the whole controversy and have the decree binding on all having an interest therein. Shelton v.…

1Opinion of the Court

This is a proceeding in equity, commenced by plaintiffs in the Circuit Court of Audrain County, Missouri, on October 12, 1914, to correct and reform a plat, filed and recorded by them in said county, in laying off and establishing Lakenan Barnes South Side Addition to the City of Mexico, in the county and State aforesaid, in October, 1904. It appears from the petition, and evidence, that plaintiffs, in October, 1904, were the owners of a certain tract of land adjoining said City of Mexico; that during said year, they laid off, surveyed and platted the above addition, in which certain streets…

2Cases cited3 opinions

  1. City of Laddonia v. DaySupreme Court of Missouri · 1915
  2. Wilson v. HartSupreme Court of Missouri · 1889
  3. Wright v. City of JoplinSupreme Court of Missouri · 1918

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