Fuggle v. Hobbs
Supreme Court of Missouri
Appeal from, Davies County Court. I. The Circuit Court erred in striking out appellant’s answer to respondent’s petition. (Gen. Stat. 1865, p. 659, § 12 ; id. p. 677, § 45; Yallaly v. Yallaly, 39 Mo. 493 ; State ex rel.
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Appeal from, Davies County Court. I. The Circuit Court erred in striking out appellant’s answer to respondent’s petition. (Gen. Stat. 1865, p. 659, § 12 ; id. p. 677, § 45; Yallaly v. Yallaly, 39 Mo. 493 ; State ex rel. Oddle v. Sherman, ante, 210.) H. The answer stricken out by the Circuit Court is a part of the record proper in the cause ; and the amended answer subsequently filed by leave of the Circuit Court, containing a distinct defense not included in the answer stricken out, does not waive the error of the court committed in striking out said answer. (Bateson v. Clark el al., 37 Mo.…
1Opinion of the CourtWagner, Judge
This was an action instituted in the Davies Circuit Court to recover an amount alleged to be due from the defendant to the plaintiff’s testator.
The foundation of the suit was an agreement entered into in writing between the testator Weldon, in his lifetime, and the defendant Hobbs, whereby it was stipulated that Weldon .assumed the payment of $787.50 to one Hamblin in part payment for a certain steam-mill formerly owned by Hamblin & Weldon, and *540then owned (at the date of the agreement) by Weldon & Hobbs, Hobbs agreeing that Weldon should have a lien on the mill till the amount was paid,…
2Cases cited1 opinion
- State v. MatsonSupreme Court of Missouri · 1866
3Cited by23 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Dakan v. G. W. Chase, & Son Mercantile Co.Supreme Court of Missouri · 1906
- Sauter v. LeveridgeSupreme Court of Missouri · 1890
- Ely v. PorterSupreme Court of Missouri · 1874
- Heman v. GlannSupreme Court of Missouri · 1895
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