Milsap v. Wildman
Supreme Court of Missouri
The plaintiff assigned the following as reasons for the reversal of the judgment below: ;1. The circuit court •erred in coercing him to trial at the appearance teim. .2. The cii’cuit court erred in refusing him a .new trial... As to the .fiifet point, this is settled 'adversely to the opinion of the circuit court by the statute to regulate the practice at law.
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The plaintiff assigned the following as reasons for the reversal of the judgment below: ;1. The circuit court •erred in coercing him to trial at the appearance teim. .2. The cii’cuit court erred in refusing him a .new trial... As to the .fiifet point, this is settled 'adversely to the opinion of the circuit court by the statute to regulate the practice at law. That statute prescribes the following rules that should govern in all cases analagous to the ¿present; If the defendant'in an action has been served with process according to law, he must appear and plead .at the return .term, or there…
1Opinion of the CourtMcGirk, Judge
Wildman brought a scire facias in the circuit court of Washington .county to revive a judgment and have exe-cution thereof. On the return of the writ, the defendant appeared and .pleaded payment, and at that time the par-^es v/ent to trial, and judgment of revival and execu-tion was given agains t Milsap. He objected to this, on the ground that he was entitled under the law to a continuance to the next term of the court. The counsel for the plaintiff, Milsap, rely on the Statute, (Revised Code, 462, sec. 2,) which says, “every suit that shall not be otherwise disposed of according to law,…
2Cited by7 opinions
- Sutton v. ColeSupreme Court of Missouri · 1900
- Humphreys v. LundySupreme Court of Missouri · 1866
- State v. HoeffnerSupreme Court of Missouri · 1894
- Wolff v. SchaefferMissouri Court of Appeals · 1877
- Simpson v. WatsonMissouri Court of Appeals · 1884
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