Vanderline v. Smith
Missouri Court of Appeals
Error to Buchanan Circuit Court, Hon.'Silas Wood-son, J. The facts sufficiently appear in the opinion. I. It is only where the parties go to trial before the country, as though the issues tendered by answer were joined, that defendant will not be permitted after trial to take advantage of the plaintiff’s failure to file a reply. Here the case was submitted on the record, the petition and answer and the stipulation as to a part of the facts.
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Error to Buchanan Circuit Court, Hon.'Silas Wood-son, J. The facts sufficiently appear in the opinion. I. It is only where the parties go to trial before the country, as though the issues tendered by answer were joined, that defendant will not be permitted after trial to take advantage of the plaintiff’s failure to file a reply. Here the case was submitted on the record, the petition and answer and the stipulation as to a part of the facts. By the declaration of law asked the attention of the court was pointedly called to the condition of the pleadings ; the plea, of payment not being…
1Opinion of the Court
Opinion by
Philips, P. J.
In October, 1874, Alex. S. Brooks, executed to plaintiff two promissory notes due in sixty and ninety days. This suit is to recover on said notes. The answer, after a general denial, pleads payment. The record does not show that any replication was filed to this new matter, The case was submitted to the court on the following agreed statement of facts:
“1. That after said notes mentioned in the petition became due, and long before the commencement of this suit, plaintiff put the notes in the hands of George D. Green, a licensed attorney of this state, and practicing at…
2Cases cited14 opinions
- Noble v. BlountSupreme Court of Missouri · 1883
- Young v. GlascockSupreme Court of Missouri · 1883
- Durham v. BischofIndiana Supreme Court · 1874
- Gage v. GatesSupreme Court of Missouri · 1876
- Kelly v. HurtSupreme Court of Missouri · 1875
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3Cited by2 opinions
- Turner v. EdmonstonSupreme Court of Missouri · 1908
- Dawson v. WomblesMissouri Court of Appeals · 1905