Mechanics' Bank v. Klein

Supreme Court of Missouri

Mechanics' Bank v. Klein

33 Mo. 559

CourtSupreme Court of Missouri

DecidedMarch 15, 1863

StatusPublished

Cited by5 cases

This text of 33 Mo. 559 (Mechanics' Bank v. Klein) 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

Mechanics' Bank v. Klein, 33 Mo. 559 (Mo. 1863).

Pincite

Opinion

Dryden, Judge,

delivered the opinion of the court.

The answer in this case did not contain the shadow of a defence. It denied no material allegation of the petition, nor did it set up any new matter in avoidance, and the court, therefore, committed no error in sustaining the plaintiff’s motion for judgment. But, aside from the merits, the judgment is obliged to be affirmed, for the reason that no exception whatever is saved or attempted to be saved.

Let the judgment be affirmed, with ten per cent, damages.

The other judges concur.

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Dryden, Judge,

delivered the opinion of the court.

The answer in this case did not contain the shadow of a defence. It denied no material allegation of the petition, nor did it set up any new matter in avoidance, and the court, therefore, committed no error in sustaining the plaintiff’s motion for judgment. But, aside from the merits, the judgment is obliged to be affirmed, for the reason that no exception whatever is saved or attempted to be saved.

Let the judgment be affirmed, with ten per cent, damages.

The other judges concur.

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Bluebook (online)

33 Mo. 559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mechanics-bank-v-klein-mo-1863.

Opinion

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