Weber v. City of Hannibal
Weber v. City of Hannibal
Opinion of the Court
We are of opinion that the original petition contained sufficient matter to amend' by, though somewhat loosely drawn. The title of the petition which is a part thereof under the terms of the statute, section 3511, specifies the names of the parties to the action, which shows by reasonable inference that Martin Weber sues as guardian and curator of the estate of the minors whose names are set forth. In addition, the petition, in the body thereof, sets forth the names of the minors, describes them as “minor co-plaintiffs herein,” alleges all the facts showing a right under the statute to authorize a recovery by the minors, and, in addition, refers to the “damage act” upon the provisions of which and the circumstances detailed in the petition, the minors alone by their guardian or next friend could recover. Sec. 3469, R. S., 1879.
Taking the petition then all in all, we think it
Reference
- Full Case Name
- Weber, Guardian v. The City of Hannibal
- Status
- Published
- Syllabus
- Pleading : amendment. The judgment in this case reversed because the lower court improperly refused permission to plaintiff to file an amended petition.