Brackett v. Brackett
Supreme Court of Missouri
Appeal from Pettis Court of Common Pleas. I. The filing of a plea in abatement was an entry of appearance in the cause, and authorized a general judgment, if either party resided in Pettis county. (Evans vs. King, 7 Mo., 411.) And there being no evidence to the contrary, it will be presumed in favor of the judgment, that appellant did reside in Pettis county. Hence the rule laid down in Peery vs. Harper, (42 Mo., 131,) does not apply to this case. II.
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Appeal from Pettis Court of Common Pleas. I. The filing of a plea in abatement was an entry of appearance in the cause, and authorized a general judgment, if either party resided in Pettis county. (Evans vs. King, 7 Mo., 411.) And there being no evidence to the contrary, it will be presumed in favor of the judgment, that appellant did reside in Pettis county. Hence the rule laid down in Peery vs. Harper, (42 Mo., 131,) does not apply to this case. II. The objections to the .judgment could have been corrected by appeal or writ of error, and the defendant, having failed to avail himself of this…
1Opinion of the CourtWagner, Judge
' The exceptions in this cause arise on the action of the court in sustaining a motion to quash an execution.
From the exhibits, it appears that the plaintiff brought his suit by attachment, and the petition contained three counts; one founded upon a promissory note; one on an open account; and the other was a declaration for money loaned.
The defendant appeared and filed his plea in abatement, which was sustained by the court, and the attachment was dissolved. No answer being filed, the court at the same term rendered judgment in favor of the plaintiff for the amount of the note set out in the…
2Cited by4 opinions
- Wernecke v. WoodSupreme Court of Missouri · 1874
- Brackett v. BrackettSupreme Court of Missouri · 1875
- Columbia Brewery Co. v. ForgeyMissouri Court of Appeals · 1909
- Grier v. FoxMissouri Court of Appeals · 1877