Yancey v. Clarkson
Missouri Court of Appeals
Error to Wayne County Circuit Court. — Hon. E. M. D earing, Judge. (1) The defendant in his answer interposes two defenses. First: A general denial. Second: Plea of the ten year Statute of Limitations. The confession destroys the denial. Long v. Lackawanna Coal and Iron Co., 233 Mo. 732; Harding v. Railroad, 248 Mo. 268-269-270; Adams v. Trigig, 37 Mo. 141; State ex rel.
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Error to Wayne County Circuit Court. — Hon. E. M. D earing, Judge. (1) The defendant in his answer interposes two defenses. First: A general denial. Second: Plea of the ten year Statute of Limitations. The confession destroys the denial. Long v. Lackawanna Coal and Iron Co., 233 Mo. 732; Harding v. Railroad, 248 Mo. 268-269-270; Adams v. Trigig, 37 Mo. 141; State ex rel. Hadley v. Delmar Jockey Club, 200 Mo. 34. (2) The defendant’s answer is neither a general or special denial, such as is contemplated by the Statute, section 1806, R. S. 1909. Such an answer is vague, indefinite and uncertain,…
1Opinion of the CourtRobertson, P. J.
Plaintiff’s abstract of tbe record sets ont Ms petition, defendant’s answer and plaintiff’s reply, and then follows what is entitled a “Statement and History of tbe Case.” This undertakes to give some testimony but it does not disclose that it is included within the bill of exceptions.
The petition is in two counts but we gather from the so-called abstract of the record that there was a dismissal as to the second count and a jury trial had on the first count resulting in a directéd verdict for the defendant, upon which judgment was entered, and the plaintiff brings the case here by writ of…
Also in this document: Concurrence.
2Cases cited1 opinion
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
3Cited by5 opinions
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- Kelly v. Lone Star Gas Co.Court of Appeals of Texas · 1930