Young v. Wells
Supreme Court of Missouri
Error to St. Charles Circuit Cou/rt. I. Two questions only were raised by the demurrer, viz: 1st, Was there a defect of parties plaintiff? and 2d, did the petition state facts sufficient to constitue a cause of action ? (R. C. 1855, p. 1231, § 6,10.) The objection of multifariousness and of misjoinder of defendants were therefore waived by defendants, and cannot now be set up to sustain the action of the Circuit Court.
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Error to St. Charles Circuit Cou/rt. I. Two questions only were raised by the demurrer, viz: 1st, Was there a defect of parties plaintiff? and 2d, did the petition state facts sufficient to constitue a cause of action ? (R. C. 1855, p. 1231, § 6,10.) The objection of multifariousness and of misjoinder of defendants were therefore waived by defendants, and cannot now be set up to sustain the action of the Circuit Court. (See 5th & †th clauses of § 6, above cited ; also § 10.) The defects complained of, if they exist at all, are apparent on the face of the petition, and therefore could not have…
1Opinion of the CourtBates, Judge
Demurrer to the petition was sustained and judgment entered upon it; to reverse which, the plaintiff brings the cause to this court by writ of error.
The petition alleged that Charles H. Wells, as principal, and Charles Cheely, as security, made a promissory note. That both Wells and Cheely died, and plaintiff is administrator of Cheely’s estate; that the note was allowed as a demand against both estates; that a small portion thereof was paid by the estate of Wells, and a larger sum by the plaintiff, as administrator of Cheely’s estate, and that the personal property of the estate of Wells is…
2Cited by7 opinions
- Allnutt v. LeperSupreme Court of Missouri · 1871
- Jackman v. RobinsonSupreme Court of Missouri · 1876
- Cox v. YeazelNebraska Supreme Court · 1896
- State ex rel. Matney v. SpencerSupreme Court of Missouri · 1883
- Clubine v. FrazerSupreme Court of Missouri · 1940
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