Beck ex rel. Beck v. Dowell
Missouri Court of Appeals
Appeal from the Lewis Circuit Court. —Hon. Ben. E. Turner, Judge. (1) The court erred in sustaining the plaintiff’s motion to strike out part of defendant’s answer, if the matter stricken out tendered any defense, in whole or -in part, to the action or any part of the action. Justice v. Town of Lancaster, 20 Mo.
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Appeal from the Lewis Circuit Court. —Hon. Ben. E. Turner, Judge. (1) The court erred in sustaining the plaintiff’s motion to strike out part of defendant’s answer, if the matter stricken out tendered any defense, in whole or -in part, to the action or any part of the action. Justice v. Town of Lancaster, 20 Mo. App. 559; Kerr v. Simmons, 82 Mo. 269. (2) The matters pleaded were largely mitigating circumstances and justifications for the shooting, and it was necessary to plead them. Buckley v. Knapp, 48 Mo. 152; Deenhart v. Schmidt, 7 Mo. App. 117 ; White ». Maxey, 64 Mo. 552. (3) The…
1Opinion of the Court
Rombaueb. P. J.,
delivered the opinion of the court.
The plaintiff is a minor, and she prosecutes this, suit by Oliver Beck as next friend. The defendant has died since the trial, and his executor has been substituted as a party. The case, therefore, is in this condition: The executor properly prosecutes this appeal, because, under our code of practice, appeals perform merely the functions of writs of error, and the validity of the judgment, and not of the original claim, is the subject of inquiry. Lewis v. Railroad, 59 Mo. 495. But, if the judgment is reversed, the plaintiff is remitted to her *74…
2Cases cited6 opinions
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Overholt v. ViethsSupreme Court of Missouri · 1887
- Dailey v. HoustonSupreme Court of Missouri · 1874
- Smith v. LisherIndiana Supreme Court · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Stipp v. Tsutomi KarasawaSupreme Court of Missouri · 1958
- Utlaut v. Glick Real Estate Co.Supreme Court of Missouri · 1952
- Grosvener v. New York Cent. Railroad Co.Supreme Court of Missouri · 1938
- Berryman v. CoxMissouri Court of Appeals · 1898
- State ex rel. Heller v. ThornhillMissouri Court of Appeals · 1913
4 more not listed; retrieve them via the Exa API.