Bay v. Trusdell
Missouri Court of Appeals
Appeal from Cass Circuit Court. — Son- Wm. L. Jcvrrott, Judge. (1) By the answer, plaintiff’s cause of action as alleged in petition, is admitted. Kinman v. Cannefax, 34 Mo. 147; Price v. Mining Co., 83 Mo. App. 470; Darrett v. Donnelly, 38 Mo. 494; Adams v. Trigg, -37 Mo. 141; McCord v. Railroad, 21 Mo. App. 95; Atteberry v. Powell, 29 Mo. 429. (2) The answer is inconsistent, frivolous, evasive and ambiguous, and should be taken most strongly against the pleader.
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Appeal from Cass Circuit Court. — Son- Wm. L. Jcvrrott, Judge. (1) By the answer, plaintiff’s cause of action as alleged in petition, is admitted. Kinman v. Cannefax, 34 Mo. 147; Price v. Mining Co., 83 Mo. App. 470; Darrett v. Donnelly, 38 Mo. 494; Adams v. Trigg, -37 Mo. 141; McCord v. Railroad, 21 Mo. App. 95; Atteberry v. Powell, 29 Mo. 429. (2) The answer is inconsistent, frivolous, evasive and ambiguous, and should be taken most strongly against the pleader. Price v. Mining Co., 83 Mo. App. 474; Darrett v. Donnelly, 38 Mo. 493; Adams v. Trigg, 37 Mo. 142; Miller v. Railway, 62 Mo. App.…
1Opinion of the CourtEllison, J.
This is an action begun in the circuit court of Cass comity on a contract in the form of a promissory note for the payment of fifty dollars with ten per cent annual interest compounded, and for the payment of an attorney’s fee of five per cent per month. The note is dated in 1881 and *380the suit was instituted in 1900. Tbe judgment in the trial •court was for defendant.
Objection is made that the circuit court had no jurisdiction — that the action should have been begun before a justice of the peace. By the terms of sections 1674, 3835, Revised Statutes 1899, circuit courts have concurrent…
2Cases cited10 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- City of St. Louis v. MeintzSupreme Court of Missouri · 1891
- Henry v. Grand Avenue Railway Co.Supreme Court of Missouri · 1893
- Comfort v. BallingalSupreme Court of Missouri · 1896
- Spears v. LedergerberSupreme Court of Missouri · 1874
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3Cited by8 opinions
- Wenneker v. FragerMissouri Court of Appeals · 1969
- Beagles v. RobertsonMissouri Court of Appeals · 1909
- Parr v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1916
- Knight v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1906
- Barnes v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
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