Field v. Barr

Supreme Court of Missouri

Field v. Barr

27 Mo. 416

CourtSupreme Court of Missouri

DecidedOctober 15, 1858

StatusPublished

Cited by2 cases

This text of 27 Mo. 416 (Field v. Barr) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Field v. Barr, 27 Mo. 416 (Mo. 1858).

Pincite

Opinion

Napton, Judge,

delivered the opinion of the court.

The instruction given in this case was erroneous. The defendant did not admit the value of the railroad cars, or the amount of money received from their sale. These allegations of value are not what are termed traversable, so as to conclude the opposite party if not answered. It was so held in the case of Wood v. Steamboat Fleetwood, 19 Mo. 531, and in a case where there was an answer and no denial of the allegation therein. A fortiori, it must be so where a default is taken for want of aii answer.

Judgment reversed and cause remanded;

the other judges concur.

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Napton, Judge,

delivered the opinion of the court.

The instruction given in this case was erroneous. The defendant did not admit the value of the railroad cars, or the amount of money received from their sale. These allegations of value are not what are termed traversable, so as to conclude the opposite party if not answered. It was so held in the case of Wood v. Steamboat Fleetwood, 19 Mo. 531, and in a case where there was an answer and no denial of the allegation therein. A fortiori, it must be so where a default is taken for want of aii answer.

Judgment reversed and cause remanded;

the other judges concur.

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Bluebook (online)

27 Mo. 416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/field-v-barr-mo-1858.

Opinion

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