Reamer v. Morrison Express Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — lion. Walter B. Douglas, Judge. ' (1) The reply of plaintiff was in legal effect a general denial only, the remainder being surplusage. Plaintiff could demur to one part of defendant’s answer, and reply to another part, but he could not both reply and demur at the same time to defendant’s counterclaim and in the same pleading. This rule applies to replies as well as answers.
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Appeal from St. Louis City Circuit Court. — lion. Walter B. Douglas, Judge. ' (1) The reply of plaintiff was in legal effect a general denial only, the remainder being surplusage. Plaintiff could demur to one part of defendant’s answer, and reply to another part, but he could not both reply and demur at the same time to defendant’s counterclaim and in the same pleading. This rule applies to replies as well as answers. E. S. 1899, sec. 600; E. S. 1899, sec. 609; "White v. Eailroad, 34 Mo. App. 89; Long v. Towl, 41 Mo. 400; Young v. Schofield, 132 Mo. 661. (2) Plaintiff waived his objections to…
1Opinion of the CourtBland, P. J.
The suit was for the conversion by defendant of the following personal property belonging to the plaintiff, to-wit, one sorrel mare, one black mare, one two-horse wagon, one set of double harness, including collars and *505bridles, two horse-blankets and two canvas horse-covers of the alleged value of four hundred dollars (at the date of the conversion, December 12, 1900) for which with interest, judgment was asked. Plaintiff also asked judgment for the sum of five hundred dollars punitive damages for the malicious, wrongful and willful taking of the property.
The answer admitted defendant to be a…
2Cases cited3 opinions
- Ritchie v. HaywardSupreme Court of Missouri · 1880
- State v. GrantSupreme Court of Missouri · 1898
- Stern, Lauer, Shohl & Co. v. FoltzSupreme Court of Missouri · 1899
3Cited by7 opinions
- Summers v. KellerMissouri Court of Appeals · 1911
- Green v. LaClairSupreme Court of Vermont · 1915
- Blackmer v. Cleveland, Cincinnati, Chicago & St. Louis RailroadMissouri Court of Appeals · 1903
- Miller v. SmithCourt of Appeals for the Eighth Circuit · 1924
- Lampert v. Judge & Dolph Drug Co.Missouri Court of Appeals · 1906
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