Hubbard v. Quisenberry
Missouri Court of Appeals
Appeal from Morgan Circuit Court, Hon. E. L. Edwards, Judge. The case is stated iu the opinion. I. The defendant was entitled to a trial upon the issues raised by his plea in abatement, before being compelled to go to trial upon the merits. Rev. Stat., sect. 439. II. This was a suit by attachment brought before a justice of the peace.
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Appeal from Morgan Circuit Court, Hon. E. L. Edwards, Judge. The case is stated iu the opinion. I. The defendant was entitled to a trial upon the issues raised by his plea in abatement, before being compelled to go to trial upon the merits. Rev. Stat., sect. 439. II. This was a suit by attachment brought before a justice of the peace. In the justice’s court a plea in the nature of a plea in abatement was filed, and the justice refused to hear any evidence thereon, but merely made an order sustaining the attachment. In the circuit court defendant offered to file a plea in abatement, which was…
1Opinion of the CourtPhilips, P. J.
This action was begun in a justice’s court. The statement of the cause of action alleged, substantially, that on the first day of March, 1885, plaintiff was the owner of an undivided fifteen-sixteenths interest in certain lands situated in Morgan county; that on said .day the defendant entered into the possession of said interest, and used and occupied the same, and made a crop thereon during said year; that the whole of the premises so occupied were reasonably worth the sum of eighty dollars, and the fifteen-sixteenths interest of plaintiff therein- was worth seventy-five dollars, for which…
Also in this document: Concurrence.
2Cases cited7 opinions
- Cannon v. McManusSupreme Court of Missouri · 1852
- Hicks v. MartinMissouri Court of Appeals · 1887
- Duncan v. ForgeyMissouri Court of Appeals · 1887
- Phillips v. BlissSupreme Court of Missouri · 1862
- Sharkey v. WilliamsMissouri Court of Appeals · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hubbard v. QuisenberryMissouri Court of Appeals · 1888
- Meyers v. BoydMissouri Court of Appeals · 1889
- Jones v. Chicago, Burlington & Kansas City Railway Co.Missouri Court of Appeals · 1894
- Newman v. YorkMissouri Court of Appeals · 1898
- Rechnitzer v. Missouri Kansas & Texas Railway Co.Missouri Court of Appeals · 1895
2 more not listed; retrieve them via the Exa API.