Rhine v. Montgomery
Supreme Court of Missouri
Appeal from Scotland Circuit Court. Tbe first or negative defense, ££ not guilty,” was not inconsistent with or nullified by tbe two affirmative defenses in tbe sense of tbe statute. (Lansingb v. Parker, 9 How. Pr., 288 ; Nelson v. Brodback, 44 Mo. 596.) cited Buckley v. Knapp et al., 48 Mo. 152, 163-4; Allred v. Bray, 41 Mo. 484-90; Kennedy v. North Mo. R.R., 36 Mo. 351-64 ; Eranz v. Hilterbrand et al., 45 Mo. 121-23 ; Conard v. Pacific Ins.
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Appeal from Scotland Circuit Court. Tbe first or negative defense, ££ not guilty,” was not inconsistent with or nullified by tbe two affirmative defenses in tbe sense of tbe statute. (Lansingb v. Parker, 9 How. Pr., 288 ; Nelson v. Brodback, 44 Mo. 596.) cited Buckley v. Knapp et al., 48 Mo. 152, 163-4; Allred v. Bray, 41 Mo. 484-90; Kennedy v. North Mo. R.R., 36 Mo. 351-64 ; Eranz v. Hilterbrand et al., 45 Mo. 121-23 ; Conard v. Pacific Ins. Co., 6 Pet. 268 ; McKeon v. Citizens’ Railway Co., 48 Mo. 405-7; Anderson v. Kineheloe, 30 Mo. 520; Beale v. Cullum, 31 Mo. 258 ; Hayden v. Smith, id.…
1Opinion of the CourtAdams, Judge
This was an action for assault and battery. The answer sets up three separate defenses: first, a denial of the assault and battery ; second, that plaintiff made the first assault, which was repelled by the defendant in self-defense ; third, that the defendant was in his own dwelling, and the plaintiff was unlawfully there, and refused to leave, and he used sufficient force to put him out, and only such force as was necessary. The record does not show that any replication was filed to the second and third defenses.
The jury found a verdict for the plaintiff, and a motion for a new trial was…
2Cases cited2 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Lansingh v. ParkerNew York Supreme Court · 1854
3Cited by12 opinions
- McKinstry v. CollinsSupreme Court of Vermont · 1902
- Nelson v. WallaceMissouri Court of Appeals · 1892
- Rudd v. DeweySupreme Court of Iowa · 1903
- State ex rel. Davis v. RogersSupreme Court of Missouri · 1883
- May v. BurkSupreme Court of Missouri · 1883
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