Cobb v. Holloway
Missouri Court of Appeals
Appeal from. Montgomery Circuit Court. — Hon. J. D. Barnett, Judge. (1) The defendants’ motion to strike out new matter .in plaintiff’s reply should have been sustained, for the reason that said new matter was not germane to the issues in said cause; for the further reason that said new matter was only a statement of evidence, which, under the code should not he pleaded.
Read the full summary
Appeal from. Montgomery Circuit Court. — Hon. J. D. Barnett, Judge. (1) The defendants’ motion to strike out new matter .in plaintiff’s reply should have been sustained, for the reason that said new matter was not germane to the issues in said cause; for the further reason that said new matter was only a statement of evidence, which, under the code should not he pleaded. Plant Property and Financial Oo. v. Railroad, 115 Mo. 613; Kerr v. Simmons, 82 Mo. 259; Sidway v. Live Stock Go., 163 M'o. 375; Murphy v. Price, 48 Mo. 247; YanHoozer v. YanHoozer, 18 Mo. App. 19. (2) The new matter in said…
1Opinion of the CourtBland, P. J.
In 1906, W. H. Holloway owned a farm in Montgomery county, Missouri, on which he resided with his family, consisting of himself, wife and grandson, Albert Looker. In the month of August of said year, Holloway hired plaintiff, Russell Cobb, as a farm hand to work on his farm at a wage of one dollar per day. Plaintiff continued in Holloway’s employ until January 3, 1907, on which date Holloway died. Defendants were appointed administrators of Holloway’s estate and as such took possession of and inventoried two head of horses and two blind bridles as the property of said estate. The.suit is in…
2Cases cited4 opinions
- Wade v. HardySupreme Court of Missouri · 1882
- Oester v. SitlingtonSupreme Court of Missouri · 1893
- Ireland v. SpickardMissouri Court of Appeals · 1902
- Drumm-Flato Commission Co. v. Zeb F. Crider Commission Co.Supreme Court of Missouri · 1901
3Cited by5 opinions
- Texas Utilities Co. v. ClarkCourt of Appeals of Texas · 1925
- Chandler v. HedrickMissouri Court of Appeals · 1915
- Carthage Superior Lime Stone Co. v. Central Methodist ChurchMissouri Court of Appeals · 1911
- Miller v. SnyderMissouri Court of Appeals · 1910
- Willis v. MillerMissouri Court of Appeals · 1915