Rothwell v. Morgan

The plaintiff commences his action against the defendant in the Law Commissioner’s Court of St. Louis county. The petition was founded on a written instrument, which was not filed in the cause, nor was there any allegation that it was lost or destroyed.

*108The defendant filed his answer, and subsequently filed three several motions to dismiss. One of the reasons assigned for dismissal was that the petition was founded upon an instrument of writing charged to have been executed by the defendant, which instrument of writing was not in said petition alleged to have been lost or destroyed, nor was it…