State ex rel. Cardwell v. Stuart

The facts of this case are satisfactorily stated in the opinion of this court on a former appeal (74 Mo. App. 182). The judgment was then reversed. But on motion for rehearing the cause was remanded to afford the plaintiff an opportunity to impeach the settlement theretofore made between him and Stuart, the administrator, which was pleaded by defendants as a bar to plaintiff’s right of recovery. Instead of impeaching the settlement for fraud or mistake, the plaintiff in his reply to that portion of the answer set*27ting up the settlement as a bar, stated the following:

“And plaintiff further says…