First National Bank v. Hahn
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis.— Son. Leo 8. Rassieur, Judge. (1)Section 1821,3 Revised Statutes of Missouri, 1909: “An answer or replication may allege facts, which' have occurred since'the institution of the suit.” (2) In an action on a foreign judgment, defendant may show anything going to discharge him from the original judgment occurring since its rendition. Kratz v. Preston, 52 Mo. App. 251; Boynton v. Boynton, 176 Mo.
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Appeal from the Circuit Court of the City of St. Louis.— Son. Leo 8. Rassieur, Judge. (1)Section 1821,3 Revised Statutes of Missouri, 1909: “An answer or replication may allege facts, which' have occurred since'the institution of the suit.” (2) In an action on a foreign judgment, defendant may show anything going to discharge him from the original judgment occurring since its rendition. Kratz v. Preston, 52 Mo. App. 251; Boynton v. Boynton, 176 Mo. App. 713, 717; 23 Cyc., page 1517, par 2; also footnote “Payment;” 3 Cyc, page 870, par. 5; 31 Cyc., page 871, par. 8. (3) A party holding…
1Opinion of the CourtReynolds, P. J.
This is an action instituted in the circuit court of the city of St. Louis, on May 15, 1913, by respondent against appellant, on a judgment rendered in its favor in the circuit court of Williamson county, Illinois, in a certain action on a note to which appellant was a party, and in which respondent here was plaintiff and the appellant Hahn, with others, was a defendant. Setting out'that the amount of the judgment rendered and recovered was $2676, plaintiff prays judgment for that amount with interest from the date of its rendition, that is to say, April 30, 1913. There was a judgment for the…
2Cases cited14 opinions
- State ex rel. Ozark County v. TateSupreme Court of Missouri · 1891
- Dibert v. D'ArcySupreme Court of Missouri · 1913
- Neenan v. City of St. JosephSupreme Court of Missouri · 1894
- State Bank v. BartleSupreme Court of Missouri · 1893
- National Exchange Bank v. KilpatricSupreme Court of Missouri · 1907
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3Cited by7 opinions
- Milwaukee County v. M. E. White Co.Supreme Court of the United States · 1935
- Amick v. Empire Trust Co.Supreme Court of Missouri · 1927
- Abbott v. Aetna Casualty & Surety Co.District Court, D. Maryland · 1942
- Slyman v. SimonMissouri Court of Appeals · 1932
- Clark v. RockwellWest Virginia Supreme Court · 1993
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