Irwin v. Evans
Supreme Court of Missouri
Appeal from Scotland Circuit Court. — Hon. B. E. Turner, Judge. (1) The circuit court erred in sustaining plaintiff’s motion to strike out defendant’s amended plea, in the nature of a plea in abatement, and in entering judgment sustaining the attachment. Nor veil v. Porter, 62 Mo. 309, 312; Gillcesonv.
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Appeal from Scotland Circuit Court. — Hon. B. E. Turner, Judge. (1) The circuit court erred in sustaining plaintiff’s motion to strike out defendant’s amended plea, in the nature of a plea in abatement, and in entering judgment sustaining the attachment. Nor veil v. Porter, 62 Mo. 309, 312; Gillcesonv. Knight, 71 Mo. 403, 406; R. S., sec. 439. (2) The court erred in overruling defendant’s motion to set aside the order striking out the plea of abatement,, and to grant defendant a new trial thereon. See authorities cited supra. (3) The court erred in overruling defendant’s motion for a new…
1Opinion of the CourtBlack, J.
Plaintiffs commenced this suit by attachment, and the defendant filed an amended plea in abatement, signed'by his attorneys, Higbee & Raley, and verified as follows:
“This affiant, attorney for the defendant, upon his oath, says that the allegations contained in the foregoing plea are true.
“[Signed.] Edwakd Higbee.”
Plaintiffs moved to strike out the plea, because it was not verified by the defendant, but by Higbee, and it did not appear that he had either the knowledge to justify him in making the affidavit, or the authority to make the same for defendant, which motion was sustained, and a…
2Cases cited1 opinion
- Norvell v. PorterSupreme Court of Missouri · 1876
3Cited by4 opinions
- Mackey v. HyattMissouri Court of Appeals · 1890
- Missouri Valley Lumber Co. v. WeberMissouri Court of Appeals · 1891
- McLaughlin v. SchultzSupreme Court of Missouri · 1894
- White Sewing Machine Co. v. BettingMissouri Court of Appeals · 1893