Donnell Manufacturing Co. v. Hart
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. Gf. H. Burckhartt, Judge. Even though it was binding upon plaintiffs, defendant is not entitled to rely upon it as he did not carry out the request; he did not fight the cases, but plead guilty, without the knowledge or consent of plaintiffs'. Hence he is not entitled to the damages claimed, but if the court should consider the testimony as to whether these cases 'could be successfully defended it is overwhelmingly in our favor,…
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Appeal from the Boone Circuit Court. — Hon. Gf. H. Burckhartt, Judge. Even though it was binding upon plaintiffs, defendant is not entitled to rely upon it as he did not carry out the request; he did not fight the cases, but plead guilty, without the knowledge or consent of plaintiffs'. Hence he is not entitled to the damages claimed, but if the court should consider the testimony as to whether these cases 'could be successfully defended it is overwhelmingly in our favor, and had a fight been made would have resulted in defendant’s acquittal so far as the character of the medicine was…
1Opinion of the CourtEllison, J.
This action is on account for merchandise sold to defendant. It was begun before a justice of the peace. Defendant filed no pleading in the cause. Plaintiff appeals. Defendant’s motion to dismiss th¿ appeal which was submitted with the cause will be overruled. The first ground of the motion is that as the cause originated before. a justice of the peace there are no written pleadings, and that there is, therefore, nothing in this record showing issue joined. By reference to article 12, Revised Statutes, 1889; it will be seen that sections 3764 and 3765, Revised Statutes, 1879, have been…
2Cited by1 opinion
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