Nelson Distilling Co. v. Lock
Missouri Court of Appeals
Appeal from the Cole Circuit Court.—Hon. D. W. Shackleford, Judge. (1) The case should not have been tried either by the justice or the circuit court on the plea in abatement. The long established rule that a plea to the merits waives a plea in abatement. in attachment suits remains unchanged. Cannon v. McManus, 17 Mo. 345; Little v. Harrington, 71 Mo. 390; Beattie v. Stocking, 70-Mo. 196; Hubbard v. Quisenberry, 28 Mo. App. 20; Meyers v. Boyd, 37 Mo.
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Appeal from the Cole Circuit Court.—Hon. D. W. Shackleford, Judge. (1) The case should not have been tried either by the justice or the circuit court on the plea in abatement. The long established rule that a plea to the merits waives a plea in abatement. in attachment suits remains unchanged. Cannon v. McManus, 17 Mo. 345; Little v. Harrington, 71 Mo. 390; Beattie v. Stocking, 70-Mo. 196; Hubbard v. Quisenberry, 28 Mo. App. 20; Meyers v. Boyd, 37 Mo. App. 532. (2) The instruction given by the court was improper. There was some evidence tending to prove the allegations of. the petition, and…
1Opinion of the CourtGill, J.
It is doubtful whether, in the proper enforcement of rule 15 of this court, we ought to entertain this appeal. There is no such abstract of the record as that rule requires. Appellant’s counsel have made what they term a statement of the case, but even that is not full enough to present the questions raised in the brief.
From plaintiff’s statement, as corrected by that of defendant, we gather the information that the plaintiff brought an attachment before a justice of the peace; that the defendant contested the grounds of attachment, but made no opposition on the merits. On a trial of the plea…
2Cases cited4 opinions
- Jackson v. HardinSupreme Court of Missouri · 1884
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- Ball v. City of IndependenceMissouri Court of Appeals · 1890
- Meyers v. BoydMissouri Court of Appeals · 1889
3Cited by5 opinions
- Hudson Coat Co. v. HaufWyoming Supreme Court · 1910
- Link v. HathwayMissouri Court of Appeals · 1910
- Wm. Deering & Co. v. HannahMissouri Court of Appeals · 1902
- Caskey v. City of La BelleMissouri Court of Appeals · 1903
- Gorka v. GorkaMissouri Court of Appeals · 1927