Wash v. Randolph
Supreme Court of Missouri
APPEAL from St. Louis Court of Common Pleas. POINTS AND AUTHORITIES. 1.The judgment by default was irregularly taken, and should have been set aside: First, By our statute, Rev. Code, p. 458, six days are given to plead in term time. Second, This must mean six days on which the court actually sits, because oyer can by law be craved of the instrument sued on, at any time during the period allowed for pleading, and craving oyer is one kind of plea.
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APPEAL from St. Louis Court of Common Pleas. POINTS AND AUTHORITIES. 1.The judgment by default was irregularly taken, and should have been set aside: First, By our statute, Rev. Code, p. 458, six days are given to plead in term time. Second, This must mean six days on which the court actually sits, because oyer can by law be craved of the instrument sued on, at any time during the period allowed for pleading, and craving oyer is one kind of plea. But oyer cannot be craved unless the court be actually sitting. 1 Tidd’s Practice 530. That demand of oyer is a kind of plea, and should be made…
1Opinion of the CourtTompkins, J.
William S. Randolph, suing to the use of Alfred Tracy, brought his *143action of covenant against Robert Wash. Judgment was given against Wash, and to reverse it, he appeals to this court;
From the bill of exceptions, it appears that the first day of the term to which the writ in this cause was returned, was the 20th day of November, 1843; that the court met on that day, and adjourned till Monday the 27th day of the same month, and that the court again met on Monday the 27th, and again adjourned till Monday the 4th day of December, then next, and on that day, the plaintiff Randolph, took judgment…
2Cases cited1 opinion
- Foster v. WallaceSupreme Court of Missouri · 1830