Dunnica v. Sharp
Supreme Court of Missouri
Appeal from the Cole Circuit Court. 1st. Leave to file three rejoinders to the plaintiff's third replication was properly refused, because: First, The defendant did not show that it was necessary to the attainment of justice, that such leave should be granted. Rev. Stat. Mo., “ Practice at Law,” 3d art. sec. 30. Second, The first rejoinder was bad in substance, and the second and third in-with one another. 2d.
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Appeal from the Cole Circuit Court. 1st. Leave to file three rejoinders to the plaintiff's third replication was properly refused, because: First, The defendant did not show that it was necessary to the attainment of justice, that such leave should be granted. Rev. Stat. Mo., “ Practice at Law,” 3d art. sec. 30. Second, The first rejoinder was bad in substance, and the second and third in-with one another. 2d. The questions propounded to the witness, Williams, as to the plaintiff’s proving while witness was in possession, knowledge of the boundaries of the land, was properly excluded, as…
1Opinion of the Court
Opinion of the Court by
Tompkins, Judge.
In the circuit court Sharp was plaintiff, and had a judgment, to reverse which Colgan appealed to this court.
The action was brought on a covenant, executed on the 1st November, 1818, by Colgan, to bargain and sell to Sharp forty arpens of land in the village of Cote Sans Dessien, “it being the possession which Colgan had purchased of the then late Jesse EvansColgan too, by said writing, conve-nanted to warrant and defend the said land to thesaidSharp, his heirs, and assigns, and to attend at the house of said Sharp on the first day of January, 1819, to…
2Cited by2 opinions
- Hammond v. HanninMichigan Supreme Court · 1870
- Tong v. MatthewsSupreme Court of Missouri · 1856