Duncan v. Frank
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. The reply is a departure from the petition..— Suman v. Inman, 3 Mo. App. 596 ; United States v. Morris, 1 Paine, 209 ; Philibert v. Burch, 4 Mo. App. 470; Com. Dig., pi. “F.” 8; Stephen on PI. 413 ; .Mole v. Wallis, 1 Lev. 81. The reply does not contain a defence to the new matter pleaded in the answer. — 1 Chitty’s PI. 329 ; Thomp. on Home, and Ex,, sect. 880 ; Suman v. Inman, 3 Mo. App. 596; Wag.
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Appeal from the St. Louis Circuit Court. The reply is a departure from the petition..— Suman v. Inman, 3 Mo. App. 596 ; United States v. Morris, 1 Paine, 209 ; Philibert v. Burch, 4 Mo. App. 470; Com. Dig., pi. “F.” 8; Stephen on PI. 413 ; .Mole v. Wallis, 1 Lev. 81. The reply does not contain a defence to the new matter pleaded in the answer. — 1 Chitty’s PI. 329 ; Thomp. on Home, and Ex,, sect. 880 ; Suman v. Inman, 3 Mo. App. 596; Wag. Stats. 604, sects. 9, 11. The plaintiff was not the head of a family. — Thomp. on Home, and Ex., sects. 46, 49-51, 61, 65, 68; Abercrombie v. Alderson, 9…
1Opinion of the CourtBakewell, J.
This is an action of trespass. It appears that defendant Frank, who was a constable, levied an execution upon certain personal property of plaintiff, who set up that he was the head of a family, and claimed the property as exempt. Frank refused to proceed unless his co-defendants, Thiel and Lange, would indemnify him. They then executed to him an indemnifying bond with defendant Sennewald as surety. Frank then seized and sold the property, and it was lost to plaintiff. There was a verdict and judgment for plaintiff for $321.
Defendants filed a joint general denial. Defendant Frank afterwards…
2Cases cited3 opinions
- Wade v. JonesSupreme Court of Missouri · 1854
- State ex rel. Reagan v. RomerSupreme Court of Missouri · 1869
- State ex rel. Clayton v. KurtzebornMissouri Court of Appeals · 1876
3Cited by16 opinions
- Bruce Wayne Murray v. Ben Zuke, Trustee of the Estate of Bruce Wayne Murray, BankruptCourt of Appeals for the Eighth Circuit · 1969
- Hall v. Meriden Trust & Safe Deposit Co.Supreme Court of Connecticut · 1925
- Broyles v. CoxSupreme Court of Missouri · 1899
- Ridenour-Baker Grocery Co. v. MonroeSupreme Court of Missouri · 1897
- In Re ArnoldUnited States Bankruptcy Court, W.D. Missouri · 1996
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