Bourgoin v. Wheaton
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. I. The defendants should have been permitted to file an answer after the verdict on the plea in abatement. This was the earliest opportunity defendants had of filing an answer. Had they filed it sooner it would have been a waiver of the plea in abatement. They should have been allowed the usual time. They had interposed no unusual plea, nor caused any unnecessary delay. It was impossible to comply with the terms imposed.
1Opinion of the CourtScott, Judge
This was a suit commenced by attachment. The truth of the fact on which the attachment was founded was put in issue by a plea in the nature of an abatement. This issue was found for the plaintiff. Thereupon the defendants asked leave of the court to file a plea to the merits, which the court refused except said defendants would first file an affidavit of merits instanter. The defendants then asked for time to prepare the said affidavit, which the court refused, and thereupon entered final judgment against them.
It has been repeatedly held by this court that a defendant, by pleading to the…
2Cases cited3 opinions
- Cannon v. McManusSupreme Court of Missouri · 1852
- Hatry v. ShumanSupreme Court of Missouri · 1850
- Fugate v. GlasscockSupreme Court of Missouri · 1842
3Cited by2 opinions
- Coombs Commission Co. v. BlockSupreme Court of Missouri · 1895
- Houghland v. DentMissouri Court of Appeals · 1893