Hillman v. Allen
Supreme Court of Missouri
Appeal from Harrison Cvrcmt Court. — Hon. Paris C. Stepp, Judge. (1) The statute of frauds could not be relied on as a defense, for the reason that it was not specially pleaded. It is true that this court has recently held that the statute of frauds need not be specially pleaded where the answer is a general denial, but that is not the case here.
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Appeal from Harrison Cvrcmt Court. — Hon. Paris C. Stepp, Judge. (1) The statute of frauds could not be relied on as a defense, for the reason that it was not specially pleaded. It is true that this court has recently held that the statute of frauds need not be specially pleaded where the answer is a general denial, but that is not the case here. The answer denies every allegation, “except what is specially admitted or explained,” which this court has held does not constitute a general denial. Long v. Long, 79 Mo. 644. (2) Under the form of denial interposed here it was necessary to plead the…
1Opinion of the CourtGantt, P. J.
This is an appeal from a judgment in favor of defendants. Upon a ruling of the circuit court rejecting certain evidence tendered by the plaintiffs the plaintiffs took a nonsuit with leave to move to set the same aside. In due time they moved the court to set aside the nonsuit, and the court declining to do so they appealed to this court.
The plaintiffs are heirs at law of Stephen C. Allen and the defendant, Isaac N. Allen, is a son of Stephen Allen, and the other defendants are minors and heirs at law of Stephen Allen deceased.
The petition alleges, “That prior to the 5th day of March, 1887,…
2Cases cited21 opinions
- Kingsbury v. BurnsideIllinois Supreme Court · 1871
- Johnson v. QuarlesSupreme Court of Missouri · 1870
- Ringo v. RichardsonSupreme Court of Missouri · 1873
- Springer v. KleinsorgeSupreme Court of Missouri · 1884
- Boyd v. PaulSupreme Court of Missouri · 1894
16 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Parker v. BlakeleySupreme Court of Missouri · 1936
- Ferguson v. RobinsonSupreme Court of Missouri · 1914
- Arnold v. HallWashington Supreme Court · 1913
- Sanford v. Van PeltSupreme Court of Missouri · 1926
- Schmidt v. RozierMissouri Court of Appeals · 1906
10 more not listed; retrieve them via the Exa API.