Platte County v. Marshall
Supreme Court of Missouri
ERROR to Platte Circuit Court. lit. That the Court erred in rejecting each, all and every of the proofs which plaintiff proposed to give to the jury upon the trial of the cause. 2nd. That the Court erred in refusing to set aside the non suit, and to grant the plaintiff a new trial upon his motion therefor.
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ERROR to Platte Circuit Court. lit. That the Court erred in rejecting each, all and every of the proofs which plaintiff proposed to give to the jury upon the trial of the cause. 2nd. That the Court erred in refusing to set aside the non suit, and to grant the plaintiff a new trial upon his motion therefor. That the evidence offered by the plaintiff was properly excluded:— 1st. Because there was no record of the proceedings ; the entries on the record book not having been signed by the presiding Justice. 2nd. Because the warrant was admitted by the special plea, and its introduction was,…
1Opinion of the CourtScott, J.
This was an action of debt brought against Fred. Marshall and his sureties on his bond as County Treasurer for Platte County. The breach alleged was the non payment of a County warrant, duly presented, when there were monies in the Treasury applicable to its payment. The pleas were non est factum, with notice of special matter, nil debit, and a special plea, denying that there was any money in the Treasury subject to the payment of the warrant. This plea concluded with a verification. The second plea was ruled out on demurrer, and a special demurrer to the third plea was overruled.
On the…
2Cited by3 opinions
- Budd v. HoffheimerSupreme Court of Missouri · 1873
- Gordon v. GordonMissouri Court of Appeals · 1965
- State ex rel. Bank of Belton v. WrayMissouri Court of Appeals · 1894