Heinrich v. Missouri & Illinois Coal Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. Horatio D. Wood, Judge. (1) Plaintiff’s right to sue must be set out in the petition by proper averments. And a petition without this is fatally defective. State to use v. Matson, 38 Mo. 49; Wolff v.'Ward, 104 Mo. 157. (2) The body of the petition must show the capacity in which plaintiff sues. It must show not only his capacity and right to sue, but his right to hold defendant in the character to be sued by 'him.
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Appeal from St. Louis City Circuit Court. — How. Horatio D. Wood, Judge. (1) Plaintiff’s right to sue must be set out in the petition by proper averments. And a petition without this is fatally defective. State to use v. Matson, 38 Mo. 49; Wolff v.'Ward, 104 Mo. 157. (2) The body of the petition must show the capacity in which plaintiff sues. It must show not only his capacity and right to sue, but his right to hold defendant in the character to be sued by 'him. Edwards v. Bartell, 68 Mo. 581. (3) The proper authority and capacity to sue must be alleged in the body of the petition. State to…
1Opinion of the CourtBland, P. J.
(after stating the facts as above.) — Defendant objected to the introduction of any evidence by plaintiff on the following grounds: First, “because the subscription paper was not filed in the justice of the peace court and for this reason the justice acquired no jurisdiction of the subject-matter of the suit,” and, second, “because the subscription.paper was not filed in the circuit court and the plaintiff had no right to introduce any evidence without first filing the paper.” A subscription paper of the character of this one is not comprehended within section 3852, Revised Statutes 1899.…
2Cases cited3 opinions
- Workman v. CampbellSupreme Court of Missouri · 1870
- Hannibal, Ralls County & Paris Plank Road Co. v. RobinsonSupreme Court of Missouri · 1858
- Methodist Orphans' Home Ass'n v. Sharp'sMissouri Court of Appeals · 1878
3Cited by2 opinions
- Missouri Wesleyan College v. ShulteSupreme Court of Missouri · 1940
- Simmons v. Universal Life InsuranceMissouri Court of Appeals · 1933