Carter v. Scaggs
Supreme Court of Missouri
Appeal from Boone Circuit Court. The only question presented by the record in this case is whether or not the Circuit Court was right in striking out •defendant Green’s answer. The defendant Green’s answer ■pleads, in bar of plaintiff’s right of recovery, an arbitration and an award. Arbitrations, or agreements to submit any .matter of difference, may be verbal or by parol — Kyd on Awards, 9, 10, 261; or in writing, in conformity to the statute.
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Appeal from Boone Circuit Court. The only question presented by the record in this case is whether or not the Circuit Court was right in striking out •defendant Green’s answer. The defendant Green’s answer ■pleads, in bar of plaintiff’s right of recovery, an arbitration and an award. Arbitrations, or agreements to submit any .matter of difference, may be verbal or by parol — Kyd on Awards, 9, 10, 261; or in writing, in conformity to the statute. This arbitration, it is insisted, constituted a good plea in bar to the plaintiff’s right to recover — Kyd, Awards, 261, 381, et seq.; 2 Blackst.…
1Opinion of the CourtHolmes, Judge
This was an action of ejectment, in which the plaintiff recovered the possession of the land in controversy. No exception was taken to the proceedings on the trial. The only point raised in this court is, whether the court below committed any error in striking out a part of the answer of the co-defendant Green. The portion stricken out (on motion of the plaintiff) alleged in substance, by way of special de-fence, first, that the plaintiff had, about the month of March, 1861, leased the premises to one Stephen Seaggs, for a term of six years, by a written lease, which was lost; that said…
2Cases cited1 opinion
- Hamlin v. DukeSupreme Court of Missouri · 1859
3Cited by9 opinions
- Cantrell v. City of CaruthersvilleSupreme Court of Missouri · 1949
- Kimmel v. BennaSupreme Court of Missouri · 1879
- Drey v. DoyleMissouri Court of Appeals · 1887
- Patton v. FoxSupreme Court of Missouri · 1902
- Dunn v. MillerMissouri Court of Appeals · 1880
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