Adderton v. Collier
Supreme Court of Missouri
Error to Saline Circuit Court. The facts are stated in the opinion. I. The plaintiff had a right at any time before th* jury was sworn to dismiss his suit as to any of the defendants. The defendants Sarah A. and Mary A. Collier, who had been obtruded into the case, and were not necessary parties to the controversy between the plaintiff and the original defendants, had no right to compel the plaintiff, against his consent, to carry on a suit against them.
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Error to Saline Circuit Court. The facts are stated in the opinion. I. The plaintiff had a right at any time before th* jury was sworn to dismiss his suit as to any of the defendants. The defendants Sarah A. and Mary A. Collier, who had been obtruded into the case, and were not necessary parties to the controversy between the plaintiff and the original defendants, had no right to compel the plaintiff, against his consent, to carry on a suit against them. (See 5 Mo. 453, Gearhart v. Gist; 1 Saunders, 207, in notes and cases there cited.) The plaintiff had not obtained possession of the…
1Opinion of the CourtDryden, Judge
Adderton sued George and Susan Collier for the possession of a negro girl, under the provisions of the seventh article of the practice act, R. C. 1855, p. 1242. The summons was returnable to the May term, 1858, and was duly served. Mary and Sarah Collier, two daughters of the defendant Susan, claimed the slave, and at the time of the service of the writ, they, instead of the defendants, furnished security, and gave bond to the sheriff for the delivery of the property to answer the judgment of the court at the return term. On the motion of the plaintiff, said Mary and Sarah were made…
2Cases cited1 opinion
- Keithley v. MaySupreme Court of Missouri · 1859
3Cited by11 opinions
- Electrolytic Chlorine Co. v. Wallace & Tiernan Co.Supreme Court of Missouri · 1931
- Tate v. GoodeSupreme Court of Georgia · 1911
- Fletcher v. Bank of LonokeSupreme Court of Arkansas · 1902
- Dorriss v. CarterSupreme Court of Missouri · 1878
- Hutchings v. Royal BakeryOregon Supreme Court · 1911
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