Milburn v. Waugh
Supreme Court of Missouri
ERROR to St. Louis Court of Common Pleas. Statement of the Case. This was an action of debt brought in the St. Louis Court of Common Pleas, by Milburn, the plaintiff in error, against Waugh & Corthron, and their sureties, on a bond executed under the provisions of the 25th sec. of the statute relating to executions. (Rev. Co. 1845, p. 480.) The defendants appeared in the court below, and pleaded two pleas, consisting of denials c.i the several allegations of the declaration.
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ERROR to St. Louis Court of Common Pleas. Statement of the Case. This was an action of debt brought in the St. Louis Court of Common Pleas, by Milburn, the plaintiff in error, against Waugh & Corthron, and their sureties, on a bond executed under the provisions of the 25th sec. of the statute relating to executions. (Rev. Co. 1845, p. 480.) The defendants appeared in the court below, and pleaded two pleas, consisting of denials c.i the several allegations of the declaration. As no question was made on the pleadings in the court below, it is deemed unnecessary to set out these pleas here. On…
1Opinion of the CourtMcBride, J.
During the progress of the trial, Darby, for whose use the suit was brought, asked to have Milburn, the nominal plaintiff, sworn as a witness in the cause, but the court rejected his application, and he excepted. In his motion to set aside the non-suit, he does not assign this as a cause, we therefore conclude he has abandoned his exception to the action of the court, on this point.
The next objection presented, is to the admission in evidence of certain judgments in the case of Waugh & Corthron vs. Genestelle. The objection to these judgments is, that there were three separate notes, and a…
2Cases cited2 opinions
- King v. BaileySupreme Court of Missouri · 1843
- Shepherd v. TriggSupreme Court of Missouri · 1841
3Cited by3 opinions
- Brooks v. WimerSupreme Court of Missouri · 1855
- Bindley v. Martin Bros.West Virginia Supreme Court · 1886
- Zeigler v. MaddoxSupreme Court of Missouri · 1858