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27 Mo. 416

Field v. Barr

Supreme Court of Missouri

Decided October 15, 1858

Supreme Court of Missouri · decided 1858-10-15

<p>1. Allegations of value in a petition are not admitted by a failure on the part of the defendant to deny them in an answer, or by a default; they are not material traversable allegations.</p>

Relies on Wood v. The Steamboat Fleetwood

Decided 1858-10-15

Napton, Judge,

¶1delivered the opinion of the court.

¶2The 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.

¶3Judgment reversed and cause remanded;

the other judges concur.
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