Steigers v. Darby
Supreme Court of Missouri
ERROR to St. Louis Court of Common Pleas. 1. The instrument sued on, given in evidence, shows that the issue of the plea of the statute of limitations ought to have been found for the defendants below, and therefore a new trial should have been granted.' — ■ Rev. Code, 1825, p. 510. 2. The transcript of the record in the case of plaintiff’s testator against the same defendants was improperly admitted to be read to the jury, both because it is not relevant to any issue made…
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ERROR to St. Louis Court of Common Pleas. 1. The instrument sued on, given in evidence, shows that the issue of the plea of the statute of limitations ought to have been found for the defendants below, and therefore a new trial should have been granted.' — ■ Rev. Code, 1825, p. 510. 2. The transcript of the record in the case of plaintiff’s testator against the same defendants was improperly admitted to be read to the jury, both because it is not relevant to any issue made up between the parties, and because it is incompetent, as being recenter alias acta, Francis Steigers, one of the…
1Opinion of the Court
Naeton, J.,
delivered the opinion of the Court..
This was an action of debt, brought by Darby, administrator of Gross, against Matthias and Francis Steigers, founded upon a promissory note, executed by said defendants to Gross, for eight hundred dollars. The defendant, F. Steigers, pleaded — 1st, A discharge under the insolvent laws of Maryland; 2d, Statute of *680Limitations. Matthias Steigers pleaded — 1st, The general issue; 2d, Set-off; 3d, Payment; 4th, Pendency of another suit in the same court, for the same cause of action; 5th, JVe wnques administrator; 6th, Statute of Limitations.
Issues…
2Cases cited1 opinion
- Stout v. CalverSupreme Court of Missouri · 1840
3Cited by3 opinions
- Wright v. SalisburySupreme Court of Missouri · 1870
- Nordmanser v. HitchcockSupreme Court of Missouri · 1867
- Florez v. UhrigSupreme Court of Missouri · 1865