John Colhoun & Co. v. M. Crawford & Co.
Supreme Court of Missouri
Appeal from Buchanan Court of Common Pleas. I. The judgment was rendered in the absence of respondents or their attorneys, for want of answer, when, under the law and established rules of the court, defendants were allowed until the next succeeding term of said court in v'hich to file answer; and in that particular the judgment was against the law. II.
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Appeal from Buchanan Court of Common Pleas. I. The judgment was rendered in the absence of respondents or their attorneys, for want of answer, when, under the law and established rules of the court, defendants were allowed until the next succeeding term of said court in v'hich to file answer; and in that particular the judgment was against the law. II. It is agreed between plaintiffs and defendants that the following is one of the rules of the said Circuit Court: “Rule 1— Amendments. 1. Every material amendment after answer to the pleadings amended, and every supplementary petition, answer,…
1Opinion of the CourtBliss, Judge
Suit was brought upon two promissory notes, and in the original petition the plaintiffs failed to allege their partnership and that of defendants. Defendants demurred and plaintiffs had leave to amend, which was at once done by inserting the omitted allegations and filing the petitions anew. Defendants then applied for a change of venue from the Common Pleas to the Circuit Court, and obtained leave in said court to answer, but not answering, interposed several motions which were overruled, and the court permitted the plaintiffs to file an amended petition instantcr, containing in the body of…
2Cited by6 opinions
- State ex rel. St. Louis, Keokuk & Northwestern Railway Co. v. WithrowSupreme Court of Missouri · 1896
- Peterson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1908
- State ex rel. Plummer v. GideonSupreme Court of Missouri · 1893
- Frick Co. v. MarshallMissouri Court of Appeals · 1900
- Keeton v. St. Louis & Meramec River Railway Co.Missouri Court of Appeals · 1905
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