Stiles v. Smith
Supreme Court of Missouri
Appeal from Buchanan Common Pleas Court. I. Tlie statute of limitations must be pleaded ; (McNair vs. Lott, 25 Mo., 182; Tramell vs. Adam, 2 Mo., 155; Beuoist vs. Darby, 12 Mo., 196 ; Wliittelsey’s Mo. Pr., 227; Sedg. Const. & Stat., Law, 35.) otherwise it cannot be invoked. II.
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Appeal from Buchanan Common Pleas Court. I. Tlie statute of limitations must be pleaded ; (McNair vs. Lott, 25 Mo., 182; Tramell vs. Adam, 2 Mo., 155; Beuoist vs. Darby, 12 Mo., 196 ; Wliittelsey’s Mo. Pr., 227; Sedg. Const. & Stat., Law, 35.) otherwise it cannot be invoked. II. The statutory bar under the administration law cannot avail the plaintiffs in any ease, unless it appears that two years have elapsed since the grant of letters of administration upon Stiles’ estate, and that notice thereof has been given as required by law. (Wiggins vs. Lovering, 9 Mo., 262; Bryan vs. Mundy, 17 Mo.,…
1Opinion of the CourtWagner, Judge
The administrator of A. J. Stiles brought his action in the *365Court of Common Pleas, against the defendant to recover certain debts alleged to have been due the deceased in his lifetime. The petition contained two counts, which were both founded on work and labor performed and materials furnished by the deceased for and on behalf of the defendant, and at his special instance and request. The defendant filed his answer denying most of the allegations in the petition, and then set up as a further defense to each count, by way of counterclaim, separate debts which it was alleged were due and owing…
2Cases cited6 opinions
- Polk's Administrator v. AllenSupreme Court of Missouri · 1854
- Montelius & Fuller v. SarpySupreme Court of Missouri · 1847
- Wiggins v. Adm'r of LoveringSupreme Court of Missouri · 1845
- Hawkins v. RidenhourSupreme Court of Missouri · 1850
- Clark v. CollinsSupreme Court of Missouri · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
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- Dallas Dome Wyoming Oil Fields Co. v. BrooderWyoming Supreme Court · 1939
- Carpenter v. MurpheyWisconsin Supreme Court · 1883
- Carder v. PrimmMissouri Court of Appeals · 1891
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