Opinion

State ex inf. Crow v. Firemen's Fund Insurance

  • 152 Mo. 1
  • 52 S.W. 595
  • 1899 Mo. LEXIS 201
Court
Supreme Court of Missouri
Filed
Jul 15, 1899
Status
Published
Author
Gantt
On the bench
Brace, Burgess, Except, Gantt, Marshall, Robinson, Sentence, Sherwood, Specified, That, Valliant, Views, Yalliant
Cited by
48 cases

The opinion

GANTT, C. J.

(Dissenting). — Concurring with my learned brother that the relator failed to establish by the testimony that five of the defendants or their agents were guilty of the charges against them in the information I am wholly unable to agree to his conclusion that because they challenged the *51 constitutionality of the statute under which they are prosecuted in common with their confederates, that they should for that reason be held to have confessed the allegations of the information.

As I understand the law, each defendant is liable only when it is shown to have been a party to the trust.

The fact that it was sued in common with others and filed a joint answer denying its liability, and also the constitutionality of the act, does not amount to a plea of confession and avoidance. I regard this part of the opinion and the conclusion against them as a radical departure in the construction of pleadings, and hence I dissent.

Robinson and Yalliant, JJ., concur with me in these views.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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