Piper v. Aldrich
Supreme Court of Missouri
Appeal from Webster Circuit Court. I. The acts of the General Assembly enacted for the benefit of persons in the military service are personal privileges conferred on a particular class of citizens, of which they may avail themselves, or which they may waive. If the defendant fails to avail himself of this act at the time of pleading, or during the term, according to the Practice Act, he cannot do it afterwards.
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Appeal from Webster Circuit Court. I. The acts of the General Assembly enacted for the benefit of persons in the military service are personal privileges conferred on a particular class of citizens, of which they may avail themselves, or which they may waive. If the defendant fails to avail himself of this act at the time of pleading, or during the term, according to the Practice Act, he cannot do it afterwards. Any other construction would amount to a repeal of the Practice Act in favor of a particular class of citizens, and ought not to be tolerated. The Statute of Frauds enacts, “no action…
1Opinion of the Court
Eagg, Judge,
delivered tlie opinion of the court.
In the examination of this case, we shall confine ourselves exclusively to the points raised by the brief of appellant’s counsel, there being no appearance for the respondent.
At the spring term, 1864, of the Webster Circuit Court a suit was instituted by Piper against Aldrich upon a promissory note. Service was obtained by leaving a copy of the petition and writ at the usual place of abode of the defendant with a white member of his family over the age of fifteen years. No appearance was entered for the defendant Aldrich at the return term of…
2Cases cited2 opinions
- Bruns v. CrawfordSupreme Court of Missouri · 1864
- Donnell v. StephensSupreme Court of Missouri · 1865