Garred v. Macey & Doniphan
Supreme Court of Missouri
ERROR to Platte Circuit Court. POINTS AND AUTHORITIES. 1. That the third count of the declaration is substantially good. 1 Chitty’s PI. 244, 356-7. 2. That plaintiff ought to have been permitted to have withdrawn his demurrer to the second plea of defendants, and file a similiter thereto. Rev. Statute Mo. 467, §1; 1 Mo. Rep. 191; 7 Mo. Rep. 320; 4 Mo.
Read the full summary
ERROR to Platte Circuit Court. POINTS AND AUTHORITIES. 1. That the third count of the declaration is substantially good. 1 Chitty’s PI. 244, 356-7. 2. That plaintiff ought to have been permitted to have withdrawn his demurrer to the second plea of defendants, and file a similiter thereto. Rev. Statute Mo. 467, §1; 1 Mo. Rep. 191; 7 Mo. Rep. 320; 4 Mo. Rep. 423. 3. That an award may be given in evidence upon an insimvl computassent. 21 Pick. 249. 4. That if the award is invalid, then the plaintiff was entitled to a verdict against Macey on ihe common counts^ 5. 'That defendant’s plea of nil…
1Opinion of the CourtScott, J.
Garred, who was plaintiff below and plaintiff here, sued on an award made under the following sealed instrument, viz: “This agreement, made and entered into this 31st day of October, 1843, by and between Wm. M, Macey, of the first part, and James G. Garred and Ira Garred, of the *163•second part, witnesseth; that whereas the said J. G. Garred has made ■certain improvements on the southwest quarter, sec. 4, town. 51, in range '35, in the county of Platte; and whereas the said Jas. G. and Ira, are both settlers upon the said quarter, as well as the said Macey; now, therefore, the said Jas. G. and…
2Cases cited1 opinion
- Van Cortlandt v. UnderhillCourt for the Trial of Impeachments and Correction of Errors · 1819
3Cited by14 opinions
- Kennedy v. First National BankSupreme Court of Alabama · 1894
- California Annual Conference of the Methodist Episcopal Church v. SeitzCalifornia Supreme Court · 1887
- Guild v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1896
- Norton v. GaleIllinois Supreme Court · 1880
- Bennett v. Southern Pine Co.Supreme Court of Georgia · 1905
9 more not listed; retrieve them via the Exa API.