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COBBLE v. McDONALD

No. 7651.

309 S.W.2d 154 (1958)

Jerry COBBLE, an infant, by Chester Cobble, his next friend, Chester Cobble and Georgia Cobble, Plaintiffs-Appellants, v. L. E. McDONALD, Sr., Defendant-Respondent.

Springfield Court of Appeals. Missouri.

January 21, 1958.

Attorney(s) appearing for the Case

Max H. Glover, Webb City, for plaintiffs-appellants.

Rex Titus, Joplin, for defendant-respondent.

RUARK, Judge.

Plaintiffs' original petition was in three counts, wherein claim was made in separate counts for $40,000, $400 and $3,000. Defendant filed answer asserting several defenses and also a counterclaim claiming damages in amount of $500. Thereafter plaintiffs filed amended petition claiming (in separate counts) $40,000, $10,000, $400, $3,000, and $5,000. Defendant filed motion to dismiss on the ground that the defendant named in the first petition had died...

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