Hulbert v. Tredway
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) Plaintiff’s oral motion to strike out defendants’ motion and affidavit in support thereof should have been sustained because: (a) The affidavit was taken before defendants’ attorney. Smith v. Ponath, 17 Mo. App. 262; 1 Ency. of PL and Pr. 330. (b) The facts upon which the defense was based were not set forth either in the motion or affidavit.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) Plaintiff’s oral motion to strike out defendants’ motion and affidavit in support thereof should have been sustained because: (a) The affidavit was taken before defendants’ attorney. Smith v. Ponath, 17 Mo. App. 262; 1 Ency. of PL and Pr. 330. (b) The facts upon which the defense was based were not set forth either in the motion or affidavit. Arnold v. Palmer, 23 Mo. 411; Barry v. Johnson, 3 Mo. 372; Jacob v. McLean, 24 Mo. 40; Pry v. Eailroad, 73 Mo. 123; Campbell v. Garton, 29 Mo. 343; Eobyn v. Chronicle, 127 Mo.…
1Opinion of the CourtBurgess, J.
Plaintiff sued defendants in the circuit court of the city of St. Louis, for the sum of $3,666.66 principal, and $427.16 interest, being the balance alleged to be due by them to him on a contract.
Defendants 'answered the petition by way of general denial.
On January 14, 1898, the case was called for trial, but defendants were not present.
Plaintiff introduced the contract in evidence, and testified himself to the balance due thereon. The court rendered judgment for plaintiff in the sum of $5,076.32.
Thereafter and during the same term, to-wit, January 14, *6681898, defendants filed their motion…
2Cases cited3 opinions
- Scott v. SmithSupreme Court of Missouri · 1896
- Rottmann v. SchmuckerSupreme Court of Missouri · 1887
- Nelson v. GhiselinMissouri Court of Appeals · 1885
3Cited by7 opinions
- Bussiere's Admisnistrator v. SaymanSupreme Court of Missouri · 1914
- Cherry v. CherryMissouri Court of Appeals · 1931
- Stephens v. WheelerSupreme Court of Colorado · 1915
- State Ex Rel. Johnson v. ArnoldSupreme Court of Missouri · 1927
- State ex rel. Christine v. TaylorMissouri Court of Appeals · 1918
2 more not listed; retrieve them via the Exa API.