Mumford v. Sutton

HOGAN, Judge.

The sole question posed on this appeal is whether a defendant must file a responsive pleading in a case which has been certified to a circuit court on change of venue for lack of another magistrate in the county. It arose in the following circumstances: *142Plaintiff, as executor of the Estate of James B. Blakemore, deceased, filed what appears to be a conventional subrogation action in the Magistrate Court of Laclede County. The recitations of the petition are not material on this appeal; it is sufficient to say that the object of the action was to recover damages done to the…