Lee v. Harmon
Missouri Court of Appeals
Appeal from the Jefferson Circuit Court.—Ron. P. B. D earing, Judge. (1) The court erred in overruling the objection made by defendants to the introduction of any evidence under the bill. Andrews v. Lynch, 27 Mo. 167; ECatten v. Bandall, 48 Mo. App. 203. (2) The failure to state the items or to give the particulars concerning the unsettled accounts, would make a petition at law demurrable. In a bill in equity a perfect and complete defense must be stated.
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Appeal from the Jefferson Circuit Court.—Ron. P. B. D earing, Judge. (1) The court erred in overruling the objection made by defendants to the introduction of any evidence under the bill. Andrews v. Lynch, 27 Mo. 167; ECatten v. Bandall, 48 Mo. App. 203. (2) The failure to state the items or to give the particulars concerning the unsettled accounts, would make a petition at law demurrable. In a bill in equity a perfect and complete defense must be stated. (3) The bill was fatally defective in not reciting the judgment. An essential averment to do or not to do some specific act was necessary…
1Opinion of the CourtBland, P. J.
At the January, 1893, term of the Jefferson Circuit Court, Harry S. Harmon recovered of J. Prank Lee a judgment for $240.97 in a suit on a promissory *159note made by Lee to Ilarmon for $304.25, dated March 2, 1883. An execution was issued on this judgment in April, 1899, and directed and delivered to William H. Warren, sheriff of Jasper county, Missouri. Lee filed in the Jefferson Circuit Court his bill in equity, alleging that the judgment was procured by fraud, and prayed' for an injunction restraining the sheriff of Jasper county from enforcing the execution, and that the judgment be set…
2Cases cited1 opinion
- Bresnehan v. PriceSupreme Court of Missouri · 1874
3Cited by8 opinions
- Mangold v. BaconSupreme Court of Missouri · 1911
- Cross v. GouldMissouri Court of Appeals · 1908
- JR Watkins Company v. HubbardMissouri Court of Appeals · 1961
- Howard v. ScottSupreme Court of Missouri · 1910
- Fisher v. FisherMissouri Court of Appeals · 1905
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