Garth v. Motter
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. C. A. , Mosman, Judge. The Statutes of Limitations cannot be taken advantage of by demurrer. Smith v. Dean, 19 Mo. 63; Angel on Limitations (2 Ed.), p. 312; Hines v. Potts, 56 Miss. 352. (1) The writ of error should be dismissed. R. S. 1899, sec. • 852; Rules Governing Practice iñ the Kansas City Court of Appeals, Rule 7; Biles, Edwards & Co. v. Beadle, 93 Mo. App. 628; Schnelle v. Devanney, 61 Mo. App. 453; Williams v. Beck, 63 Mo.
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Appeal from Buchanan Circuit Court. — Hon. C. A. , Mosman, Judge. The Statutes of Limitations cannot be taken advantage of by demurrer. Smith v. Dean, 19 Mo. 63; Angel on Limitations (2 Ed.), p. 312; Hines v. Potts, 56 Miss. 352. (1) The writ of error should be dismissed. R. S. 1899, sec. • 852; Rules Governing Practice iñ the Kansas City Court of Appeals, Rule 7; Biles, Edwards & Co. v. Beadle, 93 Mo. App. 628; Schnelle v. Devanney, 61 Mo. App. 453; Williams v. Beck, 63 Mo. App. 149; Kenner v. Lead Co., 141 Mo. 248. (2) The court did not err in sustaining the demurrer to plaintiff’s…
1Opinion of the Court
FARIS, J.-
*479Note. *478This is- an action at law, for the balance, with interest, due on a promissory note, for the *479original sum of $4500, bearing interest from matnrity at the rate of ten per cent per annum. The note was dated June 11, 1875, and fell due one year after date. It-was made by- defendant Joshua Motter and others, whose names are not here pertinent, to the father of plaintiff, who sues as sole heir, after administration had.
Payments. The petition was filed on the 17th day of April, 1909, in the circuit court of Buchanan county. This petition on its face showed a payment made ^ 0f…
2Cases cited4 opinions
- Burrus v. CookSupreme Court of Missouri · 1908
- Harwood v. TomsSupreme Court of Missouri · 1895
- Kenner v. Doe Run Lead Co.Supreme Court of Missouri · 1897
- Jordan v. Chicago & Alton RailwayMissouri Court of Appeals · 1902
3Cited by9 opinions
- Scanlon v. Kansas CitySupreme Court of Missouri · 1930
- Brictson v. WoodroughCourt of Appeals for the Eighth Circuit · 1947
- American Radiator Co. v. Conner Plumbing & Heating Co.Supreme Court of Missouri · 1919
- Gill v. Farm Bureau Life Insurance Co. of MissouriMissouri Court of Appeals · 1993
- Ferrier v. McCabeSupreme Court of Minnesota · 1915
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