Patterson v. Hollister
| Decision Date | 31 July 1862 |
| Citation | 32 Mo. 478 |
| Parties | JAMES M. PATTERSON, Plaintiff in Error, v. ALBERT G. HOLLISTER, Defendant in Error. |
| Court | Missouri Supreme Court |
Error to Holt Circuit Court.
H. M. Vories, for plaintiff in error.
This is a suit upon a promissory note, to which a defence, in its nature legal, was set up. A motion was made to strike out a portion of the answer, described as beginning at a certain word in a certain line of the answer, and ending at another word in another line. We cannot tell to what portion of the answer the motion applied, and cannot therefore review it. The case was tried by the court without a jury, and no declarations of law were asked.
We cannot review the judgment.
Judgment affirmed.
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5 cases
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Williams v. Patterson
... ... John-Manville Corp., D. C. N. Y. 1940, 30 F.Supp. 389; ... Kraus v. General Motors Corp. D. C. N. Y. 1939, 27 ... F.Supp. 537. A motion to strike must be specific as to ... portions of pleading attacked. State ex rel. Crow v ... Fleming 44 SW 758, 147 Mo. 1; Patterson v ... Hollister 32 Mo. 478; Pearce v. McIntyre 29 Mo ... 423; Anderson v. Stapel 80 Mo.App. 115; Sec. 847.60 ... Mo. R. S. A. A chancellor's findings lose their weight ... when he excludes competent evidence. Brooks v. Brooks ... (Mo. Sup.) 208 SW (2) 279, 285. The trial Court ... improperly refused ... ...
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Asher v. St. Louis, Iron Mountain & Southern Railway Co.
... ... defendant. This was within the jurisdiction of the justice ... As to requisites of motions to strike out, see Patterson ... v. Hollister, 32 Mo. 478; Pearce v. McIntyre, ... 29 Mo. 423; O'Conner v. Koch, 56 Mo. 253. (2) ... [a] The demurrer was also properly ... ...
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Williams v. Chicago, B. & Q.R. Co.
...this court would not review it, as it does not set out the parts of the answer attacked. Pearce v. McIntyre, 29 Mo. 423; Patterson v. Hollister, 32 Mo. 478; Anderson Stapel, 80 Mo.App. 115. (2) The appellant did not assign the overruling of the motion to strike out, as error in the motion f......
- Stagg v. Spray Water Power & Land Co.
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