Bailey v. O'Bannon
Missouri Court of Appeals
Appeal from Cass Circuit Court, Hon. Ciiakles W. Sloan, Judge. Statement of case by the court. This is an action for seduction. The petition alleges, that the plaintiff’s daughter, Ollie Bailey, under the age- • of eighteen years, was seduced by the defendant on or about the first day of November, 1883, in consequence of which she became pregnant, and gave birth to a child on the sixteenth day of July, 1885. The action is per quod servitium amisit.
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Appeal from Cass Circuit Court, Hon. Ciiakles W. Sloan, Judge. Statement of case by the court. This is an action for seduction. The petition alleges, that the plaintiff’s daughter, Ollie Bailey, under the age- • of eighteen years, was seduced by the defendant on or about the first day of November, 1883, in consequence of which she became pregnant, and gave birth to a child on the sixteenth day of July, 1885. The action is per quod servitium amisit. To this was appended an -affidavit for attachment, based upon the twelfth subdivision of section 398, Revised Statutes. The trial was had upon the…
1Opinion of the CourtPhilips, P. J.
Various errors aré assigned as grounds for reversing the judgment of the lower court, which will be considered in their order.
I. The insufficiency of the plea in abatement is raised at this hearing. The statute (sect. 438) prescribes that the plea in abatement shall put ‘ ‘ in issue the truth of the facts alleged in the affidavit on which the attachment was sued out.” The plea in question is as follows: *46“Now comes said defendant, for his plea in abatement herein, denies the truth of every allegation or statement set forth in plaintiff’s affidavit for attachment in this cause.”
Plaintiff’s…
Also in this document: Concurrence.
2Cases cited8 opinions
- Anderson v. McPikeSupreme Court of Missouri · 1885
- State v. PattersonSupreme Court of Missouri · 1885
- Dowzelot v. RawlingsSupreme Court of Missouri · 1874
- West v. StateWisconsin Supreme Court · 1853
- Comer v. TaylorSupreme Court of Missouri · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Walser v. WearSupreme Court of Missouri · 1897
- Simmons v. StateCourt of Criminal Appeals of Texas · 1908
- Exchange Bank v. Thuringia InsuranceMissouri Court of Appeals · 1904
- Fairbanks v. BadgerAppellate Court of Illinois · 1893
- Parker v. BrunerSupreme Court of Missouri · 1985
1 more not listed; retrieve them via the Exa API.