Holton v. Guinn
U.S. Circuit Court for the District of Western Missouri
Suit by Holton and others against Guinn for partition. Ifeard on exceptions to tlie answer.
1Opinion of the Court
PHILIPS, District Judge.
Complainants liare filed exceptions to the answer herein, which, for the purpose of consideration, will be grouped together in respect of their materiality.
t. It is objected that, the answer is not signed by the defendant. This has been obviated by affixing the signature of defendant by leave of court.
2. It is objected that the answer conjoins matter of defense with matter in the nature of a plea in bar, and the same is not verified •by proper certificate of counsel. Under rule 39 of practice in equity, a defendant, is entitled in Ms answer to insist, upon all matters…
2Cases cited6 opinions
- Duryea v. BurtCalifornia Supreme Court · 1865
- Long v. LongSupreme Court of Missouri · 1883
- Easton v. CourtwrightSupreme Court of Missouri · 1884
- Priest v. ChouteauSupreme Court of Missouri · 1884
- Willet v. BrownSupreme Court of Missouri · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Chicago, M. & ST. P. RY. CO. v. SchendelCourt of Appeals for the Eighth Circuit · 1923
- People's United States Bank v. GilsonCourt of Appeals for the Eighth Circuit · 1908
- In re the Estate of SauerNew York Surrogate's Court · 1915
- Thompson v. FlynnMontana Supreme Court · 1936
- Troll v. City of St. LouisSupreme Court of Missouri · 1914