Atwood v. Lewis
Supreme Court of Missouri
Appeal from the Circuit Court of St. Louis comity. 1. A demurrer connot be amended. It Í3 believed there is but one instance on record, in which it was ever attempted. Maynard vs. Ho¡ kins, Say 46. This is manifest upon principle. The party cannot thus be permitted to chango under or depart from the grounds of demurrer as originally taken. An improper grant of oyer does not affect a case in which it is granted.
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Appeal from the Circuit Court of St. Louis comity. 1. A demurrer connot be amended. It Í3 believed there is but one instance on record, in which it was ever attempted. Maynard vs. Ho¡ kins, Say 46. This is manifest upon principle. The party cannot thus be permitted to chango under or depart from the grounds of demurrer as originally taken. An improper grant of oyer does not affect a case in which it is granted. Wright’s Reports 10. The oyer furnished has not been made an available feature in the record, as it does not appear cn the face of the plaintiff’s own pleading, 1 Chitty, 468. It being…
1Opinion of the Court
Opinion of the. Court delivered by
Tompkins Judge.
Lewis brought h’u action against Atwood in the circuit court of St. Louis county, where he obtained a judgment, to reverse w hi., a Atwood'appeals to this court.
The action is founded on, two notes, the one dated the24th May, 1836, for $1023 33, payable two years after date, the other, for the same sum, payable three years after date.
The defendant {leaded three pleas: 1st, nil debet; 2d, that at the time he executed the said notes, and before the delivery thereof to the plaintiff, he, the said plaintiff, stipulated and agreed with the said…
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- Bond v. WorleySupreme Court of Missouri · 1858
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