Johnson v. Wabash Railroad
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — How. James D. Barnett, Judge. (1) Section 1740-, R. S. 1909, is unconstitutional because in conflict with section 1, article 6, Missouri Constitution, and the appointment of Hall Taylor as next friend by the clerk in vacation was void. Therefore the action cannot be maintained on account of no legal capacity to sue. A next friend is an officer of the court.
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Appeal from Audrain Circuit Court. — How. James D. Barnett, Judge. (1) Section 1740-, R. S. 1909, is unconstitutional because in conflict with section 1, article 6, Missouri Constitution, and the appointment of Hall Taylor as next friend by the clerk in vacation was void. Therefore the action cannot be maintained on account of no legal capacity to sue. A next friend is an officer of the court. Sinclair v. Sinclair, 13 M. & "W. 640; Bartlett v. Batts, 14 G-a. 539; Trahern v. Colburn, 63 Md. 99; Leopold v. Meyer, 10 _ Abb. Prac. 40; Tucker v. Dobbs, 59 Tenn. (12 Heisk.) 18; Crotty v. Eagle’s…
1Opinion of the CourtGraves, J.
Plaintiff, an infant, sues by his next friend for the death of his mother, such death alleged to be due to the negligence of the defendant. 'The negligence is thus charged in the petition:
“That the city of Mexico, Missouri, is and was at all times herein' mentioned a municipal corporation of the third class, organized under the laws of the State of Missouri. That long prior to the happening of the wrong complained of herein, the said <city had duly passed, published and put in force and effect, an ordinance by which ordinance it is made and declared to be unlawful for any railroad company or…
2Cases cited1 opinion
- King v. Wabash RailroadSupreme Court of Missouri · 1908
3Cited by15 opinions
- Pentecost v. St. Louis Merchants Bridge Terminal RailroadSupreme Court of Missouri · 1933
- State Ex Rel. Phillips v. BartonSupreme Court of Missouri · 1923
- State Ex Rel. Conran v. DuncanSupreme Court of Missouri · 1933
- Siberell v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1928
- Missouri Electric Power v. City of Mountain GroveSupreme Court of Missouri · 1944
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