Long v. Towl
Supreme Court of Missouri
Error to Second District Court. I. The amended answer was insufficient because it traverses the same cause of action it confesses and avoids— Darrett v. Donnelly, 38 Mo. 492. Because the breaches being specifically assigned, the denials must be specific and nil debet, no answer — Engler v. Bates, 19 Mo. 545. Motion to strike out, not demurrer, was the proper proceeding — Phillips v. Evans, 38 Mo. 309. II.
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Error to Second District Court. I. The amended answer was insufficient because it traverses the same cause of action it confesses and avoids— Darrett v. Donnelly, 38 Mo. 492. Because the breaches being specifically assigned, the denials must be specific and nil debet, no answer — Engler v. Bates, 19 Mo. 545. Motion to strike out, not demurrer, was the proper proceeding — Phillips v. Evans, 38 Mo. 309. II. The petition shows a cause of action, and the answer being no plea in bar, the court could not dismiss the suit; for the court in a demurrer does not look to the exhibits, and defendant…
1Opinion of the CourtWagner, Judge
Plaintiffs commenced their action in the Washington cou-nvty Circuit Court against the defendant, and the court dismissed their action ; they appealed from that decision to the Second District Court, but filed no motion in the Circuit, Court for a new trial or in arrest of judgment. The District Court upon a hearing of the cause affirmed the judgment, and it is now brought here by writ of error. The law provides that, before a case can be taken to an appellate court,, a motion for a new trial, or in arrest of judgment, must be filed within four days, if the term so long continue ; and. if…
2Cases cited3 opinions
- State v. MarshallSupreme Court of Missouri · 1865
- Richmond's v. Wardlaw & PogueSupreme Court of Missouri · 1865
- Banks v. LadesSupreme Court of Missouri · 1867
3Cited by9 opinions
- State ex rel. Howard County v. BurckharttSupreme Court of Missouri · 1884
- City of St. Louis v. BoyceSupreme Court of Missouri · 1895
- Moran v. JanuarySupreme Court of Missouri · 1873
- State ex rel. Walker v. HurlstoneSupreme Court of Missouri · 1887
- State ex rel. Wayne County v. WoodsSupreme Court of Missouri · 1911
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