State ex rel. Christine v. Taylor
Missouri Court of Appeals
Mandamus. Original Proceeding. (1) Where-there is an answer on file responsive to a new petition it is not necessary to re-file the answer on file and such answer on file is considered by the law as the answer to whatever it is by its term responsive. Campbell v. Boyers, 241 Mo. 430; James v. Railroad, 69 App. 436; The Bremen Bank, v. Umrath, 55 App. 50. (2). Taking time to plead on any pleading is not a withdrawal of an answer already on file.
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Mandamus. Original Proceeding. (1) Where-there is an answer on file responsive to a new petition it is not necessary to re-file the answer on file and such answer on file is considered by the law as the answer to whatever it is by its term responsive. Campbell v. Boyers, 241 Mo. 430; James v. Railroad, 69 App. 436; The Bremen Bank, v. Umrath, 55 App. 50. (2). Taking time to plead on any pleading is not a withdrawal of an answer already on file. Campbell v. Boyers,- 241 Mo. 430. (3) An error of record can be corrected at any time. Fisher ji. Fisher, 114 Mo. App. 633. (4) A motion attacking a…
1Opinion of the CourtEeynolds, P. J.
— One Herman C. G. Luyties brought suit in the circuit court of the city of St. Louis, on June 22, 1917, against Clyde M. Christine, Earl M. Pirlcey, and George P. Weinbrenner, the latter sheriff of the city of St. Louis, in which petition, after setting out various judgments which Clyde M. Christine had secured against Luyties, and under which executions had been placed in the hands of the defendant Wein-brenner, as sheriff, he prayed that Christine and Pirkey be enjoined from requiring the sheriff to levy the ex-eutions on his property, and the defendant Weinbrenner, as sheriff, be enjoined…
2Cases cited7 opinions
- State ex rel. McEntee v. BrightSupreme Court of Missouri · 1909
- Scott v. SmithSupreme Court of Missouri · 1896
- Matthews v. CookSupreme Court of Missouri · 1864
- Philip Gruner & Bros. Lumber v. Hartshorn-Barber Realty & Building Co.Missouri Court of Appeals · 1913
- Hulbert v. TredwaySupreme Court of Missouri · 1901
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3Cited by3 opinions
- Kroh Bros. Development Co. v. State Line Eighty-Nine, Inc.Missouri Court of Appeals · 1974
- Hilderbrand v. AndersonMissouri Court of Appeals · 1954
- Parks v. ThompsonSupreme Court of Missouri · 1952