Buford v. Byrd
Supreme Court of Missouri
APPEAL from the Circuit Court of Washington county. 1. Did not the court err in permitting Byrd, after the issues were made up, and after the lapse of a term, to withdraw his replication, and file a demurrer to the pleas ? 2. Did not the court err in sustaining the demurrer to the pleas of total failure of consideration? 1. The court gave judgment for the wrong party. 2. The court erred in permitting the plaintiff to withdraw his replication, and file a demurrer. 3. That the…
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APPEAL from the Circuit Court of Washington county. 1. Did not the court err in permitting Byrd, after the issues were made up, and after the lapse of a term, to withdraw his replication, and file a demurrer to the pleas ? 2. Did not the court err in sustaining the demurrer to the pleas of total failure of consideration? 1. The court gave judgment for the wrong party. 2. The court erred in permitting the plaintiff to withdraw his replication, and file a demurrer. 3. That the court sustained the plaintiff’s demurrer, &e. And the simple point relied upon by the appellee is, that the court did…
1Opinion of the CourtTompkins, Judge
Thomas Byrd, assignee of John E. Cowan, brought an action of debt against James Buford, administrator of William Buford, on a single bill obligatory, made by the intestate in his lifetime; and Byrd having obtained a judgment in the Washington Circuit Court, Buford appeals to this Court.
Buford pleaded two pleas, which are in substance the same, to wit: — That the writing sued on was given for land; and that the vendor, Cowen, to whom the said writing had been made, and by whom it had been assigned to the plaintiff, Byrd, had no title to the land, and alleging fraud. The plaintiff replied,…
2Cases cited4 opinions
- Burrows v. AlterSupreme Court of Missouri · 1842
- Skillern's Executors v. May's ExecutorsSupreme Court of the United States · 1807
- Davis v. Cleaveland ex rel. CaseSupreme Court of Missouri · 1835
- Ewing v. MillerSupreme Court of Missouri · 1822
3Cited by2 opinions
- Smalley v. HaleSupreme Court of Missouri · 1865
- Leigthy v. MurrMissouri Court of Appeals · 1916