Phillips v. Bliss
Supreme Court of Missouri
Error to Miller Circuit Court. I. That the appearance and pleading to the merits of the action by the respondent here before the justice of the peace, was a complete waiver of the right to a verbal plea in the nature of a plea in abatement.
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Error to Miller Circuit Court. I. That the appearance and pleading to the merits of the action by the respondent here before the justice of the peace, was a complete waiver of the right to a verbal plea in the nature of a plea in abatement. (Vide 17 Mo., Cannon v. McManus, p. 345 & 346 ; also 13 Mo., Joseph Efatrcy v. Edward Shuman, p. 547.) And on the trial of the case subsequently in the Circuit Court, it was manifestly an error in the appellate court to permit the verbal plea in abatement to be entered by respondent after his waiver of the same in the court below; because the case stood…
1Opinion of the CourtBay, Judge
This was a suit by attachment, brought before a justice of the peace. Judgment being rendered for the plaintiff, the defendant took his appeal to the Circuit Court, where the defendant filed a plea in the nature of a plea in abatement, putting in issue the truth of the affidavit upon which the attachment was predicated. Plaintiff moved to strike out the plea upon the ground that the defendant, by pleading to the merits in the justice’s court, had waived his right to plead in abatement; but the court overruled the motion, and this is the only ground of error assigned in this court. If the suit…
2Cited by6 opinions
- Moore v. HutchinsonSupreme Court of Missouri · 1879
- Compton v. ParsonsSupreme Court of Missouri · 1882
- Coombs Commission Co. v. BlockSupreme Court of Missouri · 1895
- Hubbard v. QuisenberryMissouri Court of Appeals · 1887
- Meyers v. BoydMissouri Court of Appeals · 1889
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