Haseltine v. Ausherman
Missouri Court of Appeals
Appeal from the Webster Circuit Court, Hon. W. I. Wallace, Judge. ■ t “The answer of defendant in a suit by attachment, containing matters- of defence to the action, as well as denial of the truth of the facts stated in the affidavit, must be construed as an answer in bar, and thereby precludes the party from trying the issue tendered in abatement.”
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Appeal from the Webster Circuit Court, Hon. W. I. Wallace, Judge. ■ t “The answer of defendant in a suit by attachment, containing matters- of defence to the action, as well as denial of the truth of the facts stated in the affidavit, must be construed as an answer in bar, and thereby precludes the party from trying the issue tendered in abatement.” Cannon v. McManus, 17 Mo. 345; Fordyce v. Hathorn, 57 Mo. 120 ; Hatry v. Sherman, 13 Mo. 547. The- pretended plea in abatement does not deny the allegation of the affidavit to the fact that the rent is due and unpaid, which was a cause of itself…
1Opinion of the CourtRombaueu, J.
This appeal is taken front a judgment in favor of defendant on a plea in abatement in an' attachment suit. The affidavit upon which the attachment issued is properly sworn to, and is in words and figures as follows:
“ Now at this day comes Ira S. Haseltine, and being duly sworn, deposes and says, that the above-named Ausherman, as the tenant of himself, occupied and rented for the year 1880, a portion bf the northeast quarter of section 24, township 29, range 23, Greene county, Missouri, amounting to sixty or seventy' acres, more or less, which was cultivated by him in corn, for the use of…
2Cases cited10 opinions
- Metropolitan Bank v. TaylorSupreme Court of Missouri · 1876
- Chouteau v. GibsonSupreme Court of Missouri · 1882
- Carver v. ThornhillSupreme Court of Missouri · 1873
- Curtis v. CurtisSupreme Court of Missouri · 1873
- Fordyce v. HathornSupreme Court of Missouri · 1874
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3Cited by2 opinions
- Kansas City Suburban Belt Railroad v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1893
- Williamson v. AdkinsMissouri Court of Appeals · 1919