Rees v. Augustine
Missouri Court of Appeals
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
- Sharkey v. WilliamsMissouri Court of Appeals · 1886
3Cited by2 opinions
- Hubbard v. QuisenberryMissouri Court of Appeals · 1887
- Haseltine v. AushermanMissouri Court of Appeals · 1888