Brown v. King
Supreme Court of Missouri
Error to Dade Circuit Cowrt. I. The interlocutory judgment was improperly and prematurely taken. Before the return term of the writ, the original petition was destroyed. Two terms of the court were thereafter held and plaintiff below took no steps in the cause. At the third term after the commencement of the suit Brown filed an amended petition in the cause, and in five days thereafter (the court continuing in session longer) took an interlocutory judgment by default.
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Error to Dade Circuit Cowrt. I. The interlocutory judgment was improperly and prematurely taken. Before the return term of the writ, the original petition was destroyed. Two terms of the court were thereafter held and plaintiff below took no steps in the cause. At the third term after the commencement of the suit Brown filed an amended petition in the cause, and in five days thereafter (the court continuing in session longer) took an interlocutory judgment by default. Defendant was entitled to have until the next term to answer the action— R. C. 1855, p. 1255, § 15. Until there was a petition…
1Opinion of the CourtWagner, Judge
It appears from the record in this case, that the plaintiff instituted suit against the defendant and others, returnable to the October term, 1863, of the Dade Circuit Court. Prior to the holding of the October term, 1863, the courthouse in Dade county was burned, and with it the original petition in this cause. The defendant was duly served with process previous to the burning of the courthouse, but no farther steps were taken in regard to the case, till the second day of the April term, 1865, when the plaintiff’s attorney filed what he termed an amended petition, without giving any notice…
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