Holzbauer v. Heine

This was an action brought in the St. Louis Land Court to enforce a mechanic’s lien for work and materials furnished by the respondents in building certain houses in the city of St. Louis. The answer traversed the allegation of the petition, and set up as a defence payments to an amount in excess of the plaintiffs’ demand. No reply was filed to the answer.

At the trial, the appellants’ counsel moved the court to give judgment by default against the respondents, because no reply was filed. This motion was overruled by the court, and exceptions were taken.

After the evidence in the case was…