Conrad v. McCall
Missouri Court of Appeals
Appeal from Stone County Circuit Court. — Hon. Fred Stewart, Judge. (1) This action being for damages for an alleged assault must have been commenced within two years from the date of the. alleged injury. R. S. 1909, sec. 1891. (2) Where suit is brought in the county where one defendant resides, to authorize service on a co-defendant in another county, there must be a joint liability.
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Appeal from Stone County Circuit Court. — Hon. Fred Stewart, Judge. (1) This action being for damages for an alleged assault must have been commenced within two years from the date of the. alleged injury. R. S. 1909, sec. 1891. (2) Where suit is brought in the county where one defendant resides, to authorize service on a co-defendant in another county, there must be a joint liability. One cannot be made a defendant for the sole purpose of getting service on a defendant in another county. He must be a party necessary to a determination of the suit. Roark v. Actyline Co., 188 Mo. App. 252, 255;…
1Opinion of the CourtSturgis, P. J.
By this suit plaintiff seeks to recover damages for an alleged assault made on him by defendant and his brother T. D. S. McCall. The assault occurred in Newton County, Missouri on September 28, 1914. T. D. S. MeCall was then a resident of Newton County and thé present defendant was then and thereafter a resident of McDonald. County. The present suit was commenced in McDonald County, January 2, 1917, and service was there had on defendant. The case then went to Stone County on change of venue where trial was had resulting in a verdict and judgment for plaintiff. The- defendant appealed and the…
2Cases cited10 opinions
- Christian v. WilliamsSupreme Court of Missouri · 1892
- Sweet v. Electric Light Co.Tennessee Supreme Court · 1896
- State ex rel. Jackson v. BradleySupreme Court of Missouri · 1906
- Shaw v. PershingSupreme Court of Missouri · 1874
- White v. ReedMissouri Court of Appeals · 1895
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3Cited by16 opinions
- Wallace Glick, by His Next Friend, Bessie McGinty and Bessie McGinty v. Ballentine Produce, Inc.Court of Appeals for the Eighth Circuit · 1968
- Wente v. ShaverSupreme Court of Missouri · 1943
- State Ex Rel. Bartlett v. McQueenSupreme Court of Missouri · 1951
- Ellmaker v. Goodyear Tire & Rubber CompanyMissouri Court of Appeals · 1963
- Gifford v. SpehrMassachusetts Supreme Judicial Court · 1971
11 more not listed; retrieve them via the Exa API.