State v. Shobe
Missouri Court of Appeals
Appeal from Bates Circuit Court, Hon. James B. Gantt, Judge. The case is stated iu the opinion. I. The court erred in striking out the amended' answer of defendants, Shobe and Johnson, and the separate answer of Johnson. Sects. 3521, 3522, Rev. Stat.; Ashby v. dhaw, 82 Mo. 76 ; Dyas v. Hanson, 14 Mo.
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Appeal from Bates Circuit Court, Hon. James B. Gantt, Judge. The case is stated iu the opinion. I. The court erred in striking out the amended' answer of defendants, Shobe and Johnson, and the separate answer of Johnson. Sects. 3521, 3522, Rev. Stat.; Ashby v. dhaw, 82 Mo. 76 ; Dyas v. Hanson, 14 Mo. App. 363. The insolvency and non-residence of plaintiff alleged in the answer and admitted by the motion, afforded sufficient grounds for entertaining the answer' as an equitable set off. Barnes v. MoMulUns, 78 Mo. 260 ; Field v. Oliver, 43 Mo. 200 ; Fulkerson v. Davenport, 70 Mo. 541. II. The…
1Opinion of the CourtHall, J.
John Shobe and J. M. Johnson, as partners under the firm name of Shobe and Johnson, brought suit by attachment against P. B. Cole, on a contract respecting the caring for and the feeding of certain cattle owned by Shobe and Johnson. The ground of attachment was non-residence. The usual bond was given by Shobe and Johnson with their co-defendants in this action as surety. Cole did not file a plea in ábatement, but pleaded to the merits with the result that Shobe and *477Johnson took a non-suit. After such termination of the attachment suit Cole, in the name of the state, instituted this action…
2Cases cited1 opinion
- McConey v. WallaceMissouri Court of Appeals · 1886
3Cited by8 opinions
- Orscheln v. ScottMissouri Court of Appeals · 1899
- State ex rel. Russell v. FargoSupreme Court of Missouri · 1899
- State ex rel. Pinkley v. YountMissouri Court of Appeals · 1914
- State ex rel. Burton v. McKeonMissouri Court of Appeals · 1887
- Wilson v. Massachusetts Bonding & InsuranceMissouri Court of Appeals · 1945
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