Bank of Monett v. Stone
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. J. D. Perldns, Judge. By the defendant’s answer admitting the debt, no proof was reqúired to be introduced by plaintiff, and as the defendant declined to introduce any proof to substantiate his claim that the debt was paid, the court should have rendered judgment in favor of the plaintiff on the pleadings.
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Appeal from Jasper Circuit Court. — Hon. J. D. Perldns, Judge. By the defendant’s answer admitting the debt, no proof was reqúired to be introduced by plaintiff, and as the defendant declined to introduce any proof to substantiate his claim that the debt was paid, the court should have rendered judgment in favor of the plaintiff on the pleadings. That the answer does state a good and meritorious de» fense needs no argument, hence, the trial court committed no error in overruling plaintiff’s motion for judgment on the pleadings. Plaintiff electing to' stand on his miotion and declining to…
1Opinion of the CourtBeoaddus, J.
— This suit was begun in the circuit court of Barry county and taken to the circuit court of Jasper county, where it was tried at the March term, 1897, when the judgment was for the defendants, from which the plaintiff appealed to the Supreme Court, which court has certified the case to this court, because the amount, since said appeal, of the jurisdiction of this court has been increased to $4,500, the amount here involved being only $3,395.59.
The plaintiff sues on an account for said sum of $3,-395.59, which is alleged to be due from the defendants to the plaintiff. The defendants’ answer…
2Cases cited5 opinions
- Darrett v. DonnellySupreme Court of Missouri · 1866
- Atteberry v. PowellSupreme Court of Missouri · 1860
- McCord v. Doniphan Branch Railway Co.Missouri Court of Appeals · 1886
- Coble v. McDanielSupreme Court of Missouri · 1863
- Adams v. TriggSupreme Court of Missouri · 1866
3Cited by3 opinions
- People's Savings Bank v. HoppeMissouri Court of Appeals · 1908
- Aull v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
- Cope v. WestbaySupreme Court of Missouri · 1905