Legal Opinion

Rees v. Augustine

Missouri Court of Appeals

Decided February 23, 1887PublishedCited by 2 opinions

Appeal from, the Franklin County Circuit Court, A. J. Seay, Judge. A plea to the merits is a waiver of the plea in abatement. Cannon v. McManus, 17 Mo. 345 ; Haley v. Shuman, 13 Mo. 547; «iOreen r. Craig, 47 Mo. 90; Fordyce n. Hath'om, 57 Mo. 120. The plea filed was an answer, and a plea to the merits.

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Appeal from, the Franklin County Circuit Court, A. J. Seay, Judge. A plea to the merits is a waiver of the plea in abatement. Cannon v. McManus, 17 Mo. 345 ; Haley v. Shuman, 13 Mo. 547; «iOreen r. Craig, 47 Mo. 90; Fordyce n. Hath'om, 57 Mo. 120. The plea filed was an answer, and a plea to the merits. In this state, even before a general denial was authorized by the code, and a special denial, if any, required, it was held that to an allegation of indebtedness-■a simple denial was an answer. Westlake■ t>. Moore, 19 Mo. 556; Simmons v. Sisson, 26 N. T. 264; Hill v. Smith, 27 Cal. 476, 479;…

1Opinion of the Court

Lewis, P. J.,

delivered the opinion of the court.. The plaintiff commenced his suit by attachment, for the breach of a contract whereby the defendant had agreed to purchase and pay for three mules. The defendant’s first pleading commenced" thus :

“And now comes the defendant and moves the -court to abate the attachment and proceedings herein. *672And the defendant, Louis Augustine, being duly sworn,, upon his oath, says that the plaintiff herein has not' a just demand against the defendant now due, and that the plaintiff is not entitled to recover, after allowing all just credits and off-sets, the…

2Cases cited1 opinion

  1. Sharkey v. WilliamsMissouri Court of Appeals · 1886

3Cited by2 opinions

  1. Hubbard v. QuisenberryMissouri Court of Appeals · 1887
  2. Haseltine v. AushermanMissouri Court of Appeals · 1888

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