Green v. Craig
Supreme Court of Missouri
Appeal from Sixth District Court. I. The court erred in sustaining respondent’s motion to strike out appellant’s plea to the affidavit for attachment. The cases where such plea has been stricken out for the reasons assigned in respondent’s motion, are decisions under statutes providing that the suit should be dismissed if the plea to the attachment should prevail (Sess.
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Appeal from Sixth District Court. I. The court erred in sustaining respondent’s motion to strike out appellant’s plea to the affidavit for attachment. The cases where such plea has been stricken out for the reasons assigned in respondent’s motion, are decisions under statutes providing that the suit should be dismissed if the plea to the attachment should prevail (Sess. Acts 1839, p. 7, § 11; R. C. 1845, p. 139, § 26; R. C. 1855, p. 252, § 47; Fugate v. Glasscock, 7 Mo. 549 ; Hartry v. Schuman, 13 Mo. 547; Oanpon v. McManus, 17 Mo. 345 ; Moore v. Otis, 20 Mo. 153 ; Phillips v. Bliss, 32 Mo.…
1Opinion of the CourtCurrier, Judge
This was an attachment suit. The defendant first filed a plea in abatement to the attachment, and afterward filed his answer to the action upon its merits. The plea in abatement was Stricken out as having been waived by the subsequent pleading to the merits. The defendant excepted.
The statute of 1855 (R. C. 1855, p. 252, § 47) provided that suits by attachment should be dismissed when the issue upon the plea in abatement was found for the defendant. It is conceded that, under this statute, a plea in abatement was waived by answering upon the merits. The present statute (Wagn. Stat. 189, § 42)…
2Cases cited1 opinion
- Franz v. HilterbrandSupreme Court of Missouri · 1869
3Cited by13 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- Norvell v. PorterSupreme Court of Missouri · 1876
- Fay v. ParkerSupreme Court of New Hampshire · 1872
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