State Ex Rel. St. Louis Basket & Box Co. v. Reynolds
Supreme Court of Missouri
Certiorari. (1) The petition does not state facts sufficient to constitute a cause of action. It shows upon its face that this suit was brought one year and ten months after the date of the death of deceased. While the petition alleges that plaintiffs had suffered a prior non-suit it does not allege that this, action was brought within one year after said non-suit; as required by the statute.
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Certiorari. (1) The petition does not state facts sufficient to constitute a cause of action. It shows upon its face that this suit was brought one year and ten months after the date of the death of deceased. While the petition alleges that plaintiffs had suffered a prior non-suit it does not allege that this, action was brought within one year after said non-suit; as required by the statute. The decision of the Court of Appeals on this question is in direct conflict with the following decisions of this court: Chandler v. Railroad, 251 Mo. 592; Clark v. Railroad, 219 Mo. 524. The limitation…
1Opinion of the Court
Writ of certiorari issued by this court to the St. Louis Court of Appeals on February 15, 1919, and in obedience thereto the record of said cause is here for review.
Said record consists of the opinion of the St. Louis Court of Appeals, which is reported in 207 S.W. 891. The petition as set out in said opinion (omitting caption) is as follows:
"Plaintiffs state that they are the only lawful children of one John Probst, who was, on or about the 25th day of January, 1913, in the employ of defendant in its said factory and engaged under the guidance and control of defendant, in removing certain…
2Cases cited18 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Clark v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1909
- State v. BarringtonSupreme Court of Missouri · 1906
- Chandler v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
- State v. NolandSupreme Court of Missouri · 1892
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wehrli v. Wabash Railroad CompanySupreme Court of Missouri · 1958
- Sebree v. RosenSupreme Court of Missouri · 1965
- Claughton v. JohnsonWyoming Supreme Court · 1935
- Hogsett v. SmithMissouri Court of Appeals · 1950
- Borrson v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1943
2 more not listed; retrieve them via the Exa API.