State ex rel. School District v. Delaney
Missouri Court of Appeals
Appeal from Adair Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) The answer was a general denial not verified by affidavit. Under that answer the bond stood confessed as a valid and binding contract, and the defense, if any, the defendants had to make should have been set up affirmatively in the answer as new matter.
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Appeal from Adair Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) The answer was a general denial not verified by affidavit. Under that answer the bond stood confessed as a valid and binding contract, and the defense, if any, the defendants had to make should have been set up affirmatively in the answer as new matter. Under the circumstances of this case, plaintiff’s motion for judgment on the pleadings should have been sustained upon the authority of the following decisions: Smith v. Rembaugh, 21 Mo. App. 309; Thomas v. Life Assn., 73 Mo. App. 371; Faircloth v. Tinsley, 83 MO'. App. 586;…
1Opinion of the CourtEllison, J.
The defendant Delaney is sued as treasurer of plaintiff school district and the other defendants are his sureties on his official bond. The action is based on the bond. At the opening of the trial an objection to the reception of any evidence in plaintiff’s behalf was sustained on the ground that the petition did *243not state facts sufficient to constitute a cause of action. Plaintiff appealed.
We will call attention in the first instance to the law that while the courts recognize the right of a defendant to make the objection just stated, yet it is a right which has been expressed to be only…
2Cases cited7 opinions
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
- Haseltine v. SmithSupreme Court of Missouri · 1900
- Broyhill v. NortonSupreme Court of Missouri · 1903
- Baker v. BerrySupreme Court of Missouri · 1866
- Goldsmith v. St. Louis Candy Co.Missouri Court of Appeals · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Black v. EarlySupreme Court of Missouri · 1907
- Hays v. Estate of MillerMissouri Court of Appeals · 1915
- Kern v. U. Rys. Co. of St. LouisMissouri Court of Appeals · 1924
- Price v. City of MaryvilleMissouri Court of Appeals · 1913
- The Morris Plan Co. of R.I. v. Di StefanoSupreme Court of Rhode Island · 1933
3 more not listed; retrieve them via the Exa API.