Legal Opinion

Hoppe v. Stone

Supreme Court of Missouri

Decided January 15, 1867PublishedCited by 1 opinion

jError to Henry County Circuit Court. In April, 1862, plaintiff instituted suit in the Henry Circuit Court against defendant. The petition was as follows : “Plaintiff states that the defendant owes him $41.70 for work done and materials furnished by plaintiff for defendant at his request, and for goods sold said defendant.

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jError to Henry County Circuit Court. In April, 1862, plaintiff instituted suit in the Henry Circuit Court against defendant. The petition was as follows : “Plaintiff states that the defendant owes him $41.70 for work done and materials furnished by plaintiff for defendant at his request, and for goods sold said defendant. Plaintiff further states that defendant owes him $258.90 for materials, tools and articles taken and work demanded and required to be rendered of plaintiff by defendant, and by persons and men under defendant’s command and governed by his directions, whereby plaintiff was…

1Opinion of the CourtHolmes, Judge

This suit was commenced by summons duly served on the defendant. Pending the suit an attachment was sued out, upon an affidavit and bond being filed. A motion having been made to quash the attachment for the insufficiency of the affidavit and bond, the plaintiff had leave to file a new affidavit and bond, and the cause proceeded. The defendant appeared and demurred to the petition for a misjoinder of causes of action, and his demurrer was overruled. The defendant failing to file an answer, there was a default and an inquiry of damages, and a final judgment was rendered against him for the…

2Cases cited1 opinion

  1. Bank of the State v. BraySupreme Court of Missouri · 1866

3Cited by1 opinion

  1. Ayres v. CrumSupreme Court of Kansas · 1874

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