Delinger's Administrator v. Higgins
Supreme Court of Missouri
jError to Cole Circuit Court. The facts are sufficiently set forth in the opinion of the court. I. The appearance of defendant and his asking leave to file his answer was a waiver of all defects in the writ or return. (1 Comst. 227.) The filing of the answer in accordance with the leave granted was unquestionably a cure of all defects in the sheriff’s return. (Withers v. Rodgers, 24 Mo. 341; Powers v. Bowden, 13 Mo. 154.) II.
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jError to Cole Circuit Court. The facts are sufficiently set forth in the opinion of the court. I. The appearance of defendant and his asking leave to file his answer was a waiver of all defects in the writ or return. (1 Comst. 227.) The filing of the answer in accordance with the leave granted was unquestionably a cure of all defects in the sheriff’s return. (Withers v. Rodgers, 24 Mo. 341; Powers v. Bowden, 13 Mo. 154.) II. Although the issue tendered by the defendant’s answer was immaterial, he having rested his case upon it and .• the jury having found against him, and he failing to move…
1Opinion of the CourtRichardson, Judge
The writ in this case was issued August 23, 1856, to the sheriff of Cole county, and was returnable to the next term, in February. At the adjourned February term, in May, 1857, leave was given to the defendant to answer thirty days before the next term, and on the 28th of July following an answer was filed. The answer purports to state matter only in abatement. It avers that at the commencement of the suit the plaintiff was a resident of Cole county and the de*183fendant a resident of Pettis county, and that he was not found in Cole county at the commencement of the suit nor since then. The issue…
2Cases cited1 opinion
- Hallowell v. PageSupreme Court of Missouri · 1857
3Cited by11 opinions
- Stewart v. StewartWest Virginia Supreme Court · 1885
- Smoot v. JuddSupreme Court of Missouri · 1904
- Madison County Bank v. Suman's AdministratorSupreme Court of Missouri · 1883
- Bowyer v. KnappWest Virginia Supreme Court · 1879
- Kronski v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
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