Wynn v. Cory
Supreme Court of Missouri
Appeal from,Fourth District Court. I. The court erred in striking out part of defendant’s answer. The denials were certain and specific, and fairly traversed the allegations of the petition. (Gen. Stat. 1865, p. 659, § 12, also p. 661, § 3.7 ; Bersch v. Dittrich, 19 Mo. 129; Genesee Mutual v. Moynihen, 5 How. Pr. 321; Elton v. Markham, 20 Barb. 343 ; Snyder v. White, 6 How. Pr. 321.) n. Denials are sufficient if they put the plaintiff upon proof of any material allegation.
Read the full summary
Appeal from,Fourth District Court. I. The court erred in striking out part of defendant’s answer. The denials were certain and specific, and fairly traversed the allegations of the petition. (Gen. Stat. 1865, p. 659, § 12, also p. 661, § 3.7 ; Bersch v. Dittrich, 19 Mo. 129; Genesee Mutual v. Moynihen, 5 How. Pr. 321; Elton v. Markham, 20 Barb. 343 ; Snyder v. White, 6 How. Pr. 321.) n. Denials are sufficient if they put the plaintiff upon proof of any material allegation. Immaterial allegations in a pleading need not be denied; and if the denial as to. such allegation is defective, it will…
1Opinion of the CourtCurrier, Judge
This suit has two branches, one in equity and the other at law. The petition trapes the title to certain premises in Grundy county *303t.o the plaintiff, Mrs. Josephine Wynn, from Archibald Peery, who is alleged to have conveyed the property to his son Henry W. Peery by deed executed in March, 1862; Mrs. Wynn inheriting it, as is alleged, from her half-brother, Alva Peery, an infant son of said Henry W.; the said Alva acquiring title under the will of his father. The deed from Archibald Peery to his son Henry is alleged to have been lost or. destroyed through accident or design; and the will of…
2Cases cited5 opinions
- Janney v. SpeddenSupreme Court of Missouri · 1866
- Peyton v. RoseSupreme Court of Missouri · 1867
- Elton v. MarkhamNew York Supreme Court · 1855
- Schaumburg v. HepburnSupreme Court of Missouri · 1866
- Bersch v. DittrickSupreme Court of Missouri · 1853
3Cited by9 opinions
- Merchants' National Bank v. RichardsMissouri Court of Appeals · 1879
- Butts v. LongMissouri Court of Appeals · 1902
- First National Bank v. HoganSupreme Court of Missouri · 1871
- Wynn v. CorySupreme Court of Missouri · 1871
- Bank of Otterville v. Bank of BoonvilleMissouri Court of Appeals · 1929
4 more not listed; retrieve them via the Exa API.