Legal Opinion

Louisiana & Middletown Plank Road Co. v. Mitchell

Supreme Court of Missouri

Decided March 15, 1855PublishedCited by 4 opinions

Error to Pike Circuit Court. The counsel were proceeding to argue this case upon its merits, when they were stopped by the court, it appearing that a nonsuit had been voluntarily taken below, upon the refusal of the court to strike out an answer alleged to be insufficient. Mr. Buckner appeared for appellant, and Mr. Broadhead for .respondent.

1Opinion of the Court

Scott, Judge.

This was an action to recover call on a subscription for plank road stock. The defendant filed an answer to the plaintiff’s petition, and the plaintiff thereupon moved to strike out the answer of the defendant, which motion was overruled. The plaintiff then took a non-suit and sued out this writ of error.

1. Under the old practice, it was settled that a writ of error will not lie to the judgment of a court overruling a demurrer. (Palmer v. Crane, 8 Mo. Rep. 619.) Under the present practice act, a motion to strike out an answer for insufficiency is substituted in practice for a…

2Cases cited2 opinions

  1. Schulter's Administrator v. Bockwinkle's AdministratorSupreme Court of Missouri · 1854
  2. Palmer v. CraneSupreme Court of Missouri · 1844

3Cited by4 opinions

  1. State ex rel. Evens & Howard Fire Brick Co v. LubkeMissouri Court of Appeals · 1884
  2. Koger v. HaysSupreme Court of Missouri · 1874
  3. Bowersock v. Missouri Valley Drainage DistrictMissouri Court of Appeals · 1942
  4. Schneider v. KirkpatrickMissouri Court of Appeals · 1897

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