Southack v. Morris
Supreme Court of Missouri
Appeal from Circuit court of St. Louis county. 1. We rely upon the 4th section of the act to amend the practice acts, approved February 13, 1839, which provides, indiscriminately, and in emphatic and comprehensive terms, that all -actions on bonds, bills, or notes, shall be tried at the return term, if there have been twenty days personal sendee.
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Appeal from Circuit court of St. Louis county. 1. We rely upon the 4th section of the act to amend the practice acts, approved February 13, 1839, which provides, indiscriminately, and in emphatic and comprehensive terms, that all -actions on bonds, bills, or notes, shall be tried at the return term, if there have been twenty days personal sendee. Practice act, article 3, seo. 1, R. 0. 457. 2. The amendment must operate, at least as such, or it is '& repeal of the petition and summons law. The only question which arises upon the record is, wheth-e1'a sumnlons, *n an ac^on commenced by…
1Opinion of the Court
Opinion of the Court delivered by
Napton Judge.
McGirk Judge giving no opinion, not having heard the argument.
Morris sued Southack, by petition in debt, on a promissory note made by Southack to Manny & Primrose, and endorsed to Morris. The writ was served on the 21st day of October, 1839, returnable to the third Monday in November, being the 18th.
The defendant pleaded to the action on the 18th November, and on the 28th November the action was called for trial. The defendant moved for a continuance; and, as appears from the bill of exceptions, objected' to the trial of the cause at that term,…
2Cited by1 opinion
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