State ex rel. Demuth v. Williams
Supreme Court of Missouri
Error to Pettis Circuit Court. I. A denial of any fact which the plaintiff must prove in order to recover is not new matter. (Stoddard v. Onondaga, 12 Barb. 578 ; Yassuer v. Livingston, 8 Kern. 248 ;• Wells v. Pike, 31 Mo. 590; Carpenter v. Meyers, 32 Mo. 213; Holtzbauer v. Hiene et al., 37 Mo. 443.) II. A writ of error or appeal will not lie from a judgment on a plea in abatement, and the motion for new trial was improperly filed.
Read the full summary
Error to Pettis Circuit Court. I. A denial of any fact which the plaintiff must prove in order to recover is not new matter. (Stoddard v. Onondaga, 12 Barb. 578 ; Yassuer v. Livingston, 8 Kern. 248 ;• Wells v. Pike, 31 Mo. 590; Carpenter v. Meyers, 32 Mo. 213; Holtzbauer v. Hiene et al., 37 Mo. 443.) II. A writ of error or appeal will not lie from a judgment on a plea in abatement, and the motion for new trial was improperly filed. (Davis et al. v. Perry et el., 46 Mo. 449.) HI. The bond here sued on was conditioned that the plaintiff in the attachment suit should prosecute his action without…
1Opinion of the CourtOuititiER, Judge
This suit is founded upon an attachment bond. The petition sets out its condition, which was in the usual form, and alleges as a breach of it that the plaintiff in the attachment failed to prosecute the same without delay and with effect, in breach of the condition of said bond. It was, moreover, averred that the attachment was abated by the judgment of the court, upon the trial of the issues raised by an appropriate plea in abatement.
The answer admits the execution of the bond, but denies the alleged breach of it; admits also the judgment of the court abating the attachment, but alleges that…
2Cases cited3 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Ingalls & Stockman v. MorganNew York Supreme Court · 1851
- Bauer v. WagnerSupreme Court of Missouri · 1867
3Cited by8 opinions
- Cushing v. Seymour, Sabin & Co.Supreme Court of Minnesota · 1883
- Cavender v. WaddinghamMissouri Court of Appeals · 1876
- Nelson v. WallaceMissouri Court of Appeals · 1892
- Libby v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1909
- Wise v. Covington & Cincinnati Street Railway Co.Court of Appeals of Kentucky · 1891
3 more not listed; retrieve them via the Exa API.