Kinney v. Miller
Supreme Court of Missouri
Appeal from Stoddard Circuit Cowrt. This was an action on a promissory note for $350 executed by defendants. The court sustained a demurrer to the following answer : “ Defendants, for answer to plaintiff’s petition, say, they admit that they executed the note sued on, but defendants further state that they were induced to execute the said note by false and fraudulent representation of plaintiff — that is to say, plaintiff induced defendants to believe that he was the owner…
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Appeal from Stoddard Circuit Cowrt. This was an action on a promissory note for $350 executed by defendants. The court sustained a demurrer to the following answer : “ Defendants, for answer to plaintiff’s petition, say, they admit that they executed the note sued on, but defendants further state that they were induced to execute the said note by false and fraudulent representation of plaintiff — that is to say, plaintiff induced defendants to believe that he was the owner of the west half of the southeast quarter, and the east half of the south-west quarter of section thirty-six, in…
1Opinion of the CourtRichaRdsoN, Judge
According to the present practice a demurrer will not lie to an answer except so far as it contains new matter constituting a counter claim. The whole subject is regulated by article 6 of Practice in Criminal Cases. (R. C. 1855, p. 1226.) The only pleading on the part of the defendant is *578either a demurrer or an answer. (Sec. 4.) The office of a demurrer is defined in the sixth section; and the answer must contain, “ First, a special denial of each material allegation of the petition controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief; Second,…
2Cited by2 opinions
- Lindsey v. NagelMissouri Court of Appeals · 1911
- Turney v. BakerMissouri Court of Appeals · 1903