¶1— This action was instituted by filing a petition. Defendant answered at the return term, and at same term plaintiff moved for judgment on the pleadings. This motion was taken up without objection and sustained by the court. No exception was taken. At the next regular term defendant filed a motion to set aside this judgment for the reason that it was rendered at the return term while (as it is claimed) the Revised Statutes, 1879, were yet in force. This motion was overruled as it should have been. The parties were in court, and submitted to the action of the court without objection or exception. The judgment is affirmed.
45 Mo. App. 331
Bowers v. McIntire
Decided May 11, 1891
Missouri Court of Appeals · decided 1891-05-11
— Hon. Richard Field, Judge. The court erred in rendering judgment on said motion. It being the return term, the cause was not triable at that term. R. S. 1879, sec. 3514, p. 602. This section was in force at the time of the rendition of •said judgment. Section 2042, Revised Statutes, 1889, did not go into effect until November 1, 1889. R. S. 1889, sec. 6614, p. 1552. Summons being served thirty days before court, the case was triable at the first term. R. S. 1889, sec. 2042.
Affirmed · Decided 1891-05-11