Sundmacher v. Lloyd
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kinsey, Judge. (1) A reply 'denying each and every allegation of “new matter” contained in tbe answer is -insufficient and does not put in issue tbe matters of avoidance set forth in said answer. Long v. Long, 79 Mo. 644; Snyder v. Free, 114 Mo. 860; Young v. Schofield, 132! Mo. 650; Dezell v. Fidelity &.Casualty Co., 176 Mo. 253; Betz y. Telephone Co., 121 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kinsey, Judge. (1) A reply 'denying each and every allegation of “new matter” contained in tbe answer is -insufficient and does not put in issue tbe matters of avoidance set forth in said answer. Long v. Long, 79 Mo. 644; Snyder v. Free, 114 Mo. 860; Young v. Schofield, 132! Mo. 650; Dezell v. Fidelity &.Casualty Co., 176 Mo. 253; Betz y. Telephone Co., 121 Mo. App. 473. (2) When the issues are changed by the1 filing of a pleading on the day of trial, the opxiosite party is entitled to a continuance upon filing an affidavit showing that…
1Opinion of the CourtGoode, J.
This case was considered in the decision reported in 114 Missouri Appeal Reports, 217.. After the remand an amended petition was filed in which the plaintiffs alleged in the first count the making of a contract with defendant, June 21, 1902, to do the excavating and grading for the William McKinley High School in the city of St. Louis, which defendant was to erect under contract Avith the board of education of said city, that plaintiffs agreed to do said excavating and grading according to the plans and specifications prepared for the board of education except the excavation below the grade…
Also in this document: Concurrence.
2Cases cited7 opinions
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Lanitz v. KingSupreme Court of Missouri · 1887
- Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891
- Young v. SchofieldSupreme Court of Missouri · 1896
- Nelson v. WallaceMissouri Court of Appeals · 1892
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3Cited by1 opinion
- Patriotic Ins. Co. of America v. FranciscusCourt of Appeals for the Eighth Circuit · 1932