Robinson v. Lawson
Supreme Court of Missouri
Appeal from Washington Circuit Court. I. The court erred in striking out defendant’s answer. It set up a good defence. If the answer was insufficient, the court did not exercise properly its discretion when it refused time to answer. It was one of those cases in which the plaintiff would not have been entitled to judgment at the first term. No exceptions were taken to the answer until the last day of the term, though it had been filed for nearly a week.
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Appeal from Washington Circuit Court. I. The court erred in striking out defendant’s answer. It set up a good defence. If the answer was insufficient, the court did not exercise properly its discretion when it refused time to answer. It was one of those cases in which the plaintiff would not have been entitled to judgment at the first term. No exceptions were taken to the answer until the last day of the term, though it had been filed for nearly a week. The defendant was not present to make the necessary affidavit for time or to the answer. Without doubt there was an unsound exercise of…
1Opinion of the CourtRichardson, Judge
This suit was commenced April 6th, 1856, upon an open account for goods, wares and merchandise. The defendant *71answered during the return term of the writ, and four days after the answer was filed, and on the last day of the term, the plaintiffs filed their motion to strike out the answer for the reason that it was vague, uncertain and not responsive to the petition. The motion was sustained, and the defendant’s counsel then asked that the case should be continued and time given to answer further — the defendant being absent from court; but the court refused to give time or to continue the…
2Cases cited1 opinion
- Walter v. WimerSupreme Court of Missouri · 1856
3Cited by5 opinions
- Howell v. StewartSupreme Court of Missouri · 1873
- Electrolytic Chlorine Co. v. Wallace & Tiernan Co.Supreme Court of Missouri · 1931
- Smith v. SaylesMissouri Court of Appeals · 1982
- Barclay v. PicklesSupreme Court of Missouri · 1866
- Picerno v. Nichols-FoxMissouri Court of Appeals · 2006