Bowers v. McIntire

Missouri Court of Appeals

Bowers v. McIntire

45 Mo. App. 331, 1891 Mo. App. LEXIS 263

DecidedMay 11, 1891

StatusPublished

This text of 45 Mo. App. 331 (Bowers v. McIntire) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bowers v. McIntire, 45 Mo. App. 331, 1891 Mo. App. LEXIS 263 (Mo. Ct. App. 1891).

Pincite

Opinion

Ellison, J.

— This action was instituted by filing a petition. Defendant answered at the return term, and at same term plaintiff moved for judgment on the pleadings. This motion was taken up without objection and sustained by the court. No exception was taken. At the next regular term defendant filed a motion to set aside this judgment for the reason that it was rendered at the return term while (as it is claimed) the Revised Statutes, 1879, were yet in force. This motion was overruled as it should have been. The parties were in court, and submitted to the action of the court without objection or exception. The judgment is affirmed.

All concur.

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Ellison, J.

— This action was instituted by filing a petition. Defendant answered at the return term, and at same term plaintiff moved for judgment on the pleadings. This motion was taken up without objection and sustained by the court. No exception was taken. At the next regular term defendant filed a motion to set aside this judgment for the reason that it was rendered at the return term while (as it is claimed) the Revised Statutes, 1879, were yet in force. This motion was overruled as it should have been. The parties were in court, and submitted to the action of the court without objection or exception. The judgment is affirmed.

All concur.

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Bluebook (online)

45 Mo. App. 331, 1891 Mo. App. LEXIS 263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowers-v-mcintire-moctapp-1891.