Richardson v. Harrison
Supreme Court of Missouri
Error to Laclede Circuit Court. The answer set up no defence to the action; it made no proper issue as to the statute of limitations. It should have alleged that the cause of action had accrued more than three years before suit brought. (Finney, Adm’r, &c., v. State to use of Estes, 9 Mo. 228.) In the case at bar, the suit is by an administrator against another administrator.
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Error to Laclede Circuit Court. The answer set up no defence to the action; it made no proper issue as to the statute of limitations. It should have alleged that the cause of action had accrued more than three years before suit brought. (Finney, Adm’r, &c., v. State to use of Estes, 9 Mo. 228.) In the case at bar, the suit is by an administrator against another administrator. When the statute of limitations is relied on, the defendant setting it up must allege and prove everything necessary to make the statute a bar to the claim sued on. Suppose the plaintiff’s intestate (Shephard) died…
1Opinion of the CourtLovelace, Judge
This is an action on a promissory note, executed by J. B. Harrison, J. T. Hooker, and Tom. Craig, on the 20th day of February, 1860, for six hundred dollars, payable one day after date to Thomas Stafford. The petition is an ordinary declaration on a promissory note, and sets out that Thomas Stafford had departed this life, and the plaintiff had taken out letters of administration on his estate; and also alleges the death of Harrison, and that the defendant Martha L. Harrison was the executrix of his last will; also the death of Tom. Craig, and that Mary Craig was his executrix. The defendants…
2Cases cited1 opinion
- Kilgore v. BonicSupreme Court of Missouri · 1845
3Cited by15 opinions
- Barry v. MinahanWisconsin Supreme Court · 1906
- Hoester v. SammelmannSupreme Court of Missouri · 1890
- Stowe v. StoweSupreme Court of Missouri · 1897
- Davenport v. City of HannibalSupreme Court of Missouri · 1894
- McKinzie v. HillSupreme Court of Missouri · 1873
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