Benton v. Lindell
Supreme Court of Missouri
ERROR to St. Louis Circuit Court. 1. That it was erroneous and irregular in the Circuit Court to cause the issues of fact to be tried before the determination of the issues of law, and in fact, without making, up to this time, any disposition of the issues of law. Rev. Code of 1845, title Practice, page 816, sec. 1; Menefee vs. D’Lashmut, et al., 1 Mo.
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ERROR to St. Louis Circuit Court. 1. That it was erroneous and irregular in the Circuit Court to cause the issues of fact to be tried before the determination of the issues of law, and in fact, without making, up to this time, any disposition of the issues of law. Rev. Code of 1845, title Practice, page 816, sec. 1; Menefee vs. D’Lashmut, et al., 1 Mo. R., 258. 2. That it was erroneous and irregular for the Circuit Court to take upon itself, withoutthe express consent of both parties, the trial of an issue of fact, without the intervention of a" jury.— Pratte and Cabanne vs. Cor], 9 Mo. R.,…
1Opinion of the CourtNapton, J.
Lindell recovered a judgment against the Bank of Missouri, in 1825, and not being able to make the debt by fi.fa., sued out an attachment, under the statute, and summoned Benton as garnishee. This was in 1837. After a variety of proceedings, not material to be noticed, Benton filed his answer in 1841. The answer was excepted to, and the exceptions sustained. At the April term, 1844, a further.answer was filed, which in substance denied all indebtedness to the Bank at the time of the garnishment, and relied also on the statute of limitations. So much of the answer as denied indebtedness was…
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