McCormick Harvesting Machine Co. v. Crawford
Missouri Court of Appeals
Appeal from. Adair Circuit Court.— Hon. Nat. M. Shel-' ton, Judge. (1) The defense attempted can not he made unless pleaded in writing, or orally, and noted on the docket by the justice. “In trials before a justice of the peace in the absence of anything to the contrary, the defendant is presumed to plead the general issue.”
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Appeal from. Adair Circuit Court.— Hon. Nat. M. Shel-' ton, Judge. (1) The defense attempted can not he made unless pleaded in writing, or orally, and noted on the docket by the justice. “In trials before a justice of the peace in the absence of anything to the contrary, the defendant is presumed to plead the general issue.” Reed v. Snodgrass, 55 Mo. 180; Bank v. Williamson, 61 Mo. 259. (2) Under the general issue, the defendant “may give in .evidence any matters showing that the plaintiff never had any cause of action.” 2 Greenleaf Ev., sec. 135. (3) Here the cause of action was confessed…
1Opinion of the CourtSmith, P. J.
The transaction out of which this controversy arose may be stated in about this wise: The plaintiff sold, defendants a “corn harvester,” for the part of the purchase price of which the. note sued on was given, and at the same time warranted it to have no side draft, and that it would do good work. The suit, which is on said note, was begun before a justice of the peace; from there it was later on'removed by appeal to the circuit court where there was a trial resulting in judgment for defendants, and the plaintiff appealed.
At the inception of the trial the plaintiff objected to the…
2Cases cited4 opinions
- Brown v. WeldonMissouri Court of Appeals · 1887
- Emery v. St. Louis, Keokuk & Northwestern Railway Co.Supreme Court of Missouri · 1883
- West v. FreemanMissouri Court of Appeals · 1898
- Gantt v. DuffyMissouri Court of Appeals · 1897
3Cited by6 opinions
- Fast v. GrayMissouri Court of Appeals · 1904
- Mason v. SmithMissouri Court of Appeals · 1907
- State v. WoodringMissouri Court of Appeals · 1909
- Bailey v. McWilliamsMissouri Court of Appeals · 1905
- Dockery v. LowensteinMissouri Court of Appeals · 1907
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