32 Mo. 463
Decided July 15, 1862
Supreme Court of Missouri · decided 1862-07-15
I. The plaintiff contends he had a right to sue on this note as administrator, and having done so, the plaintiff’s petition was not answered by defendants in the first statement of the answer filed by them. That part of the answer was therefore properly stricken out. See cases referred to in defendant’s brief in the case of Lessing v. Yertrees, decided at this term of the court.
Decided 1862-07-15
¶1delivered the opinion of the court.
¶2This case comes before us in the same way and presents the same question as the case of Cecil, adm’r of Eckols, v. Spurger, decided at the present term of this court; and, for the reason stated in the opinion in that case, the judgment of the Circuit Court in this, is reversed, and the cause remanded, with directions to proceed with the same in conformity with this opinion.