¶1This is a suit in attachment. A plea in abatement was filed and determined in defendant’s favor, on a demurrer to plaintiff’s evidence. Plaintiff thereupon appealed to this court, the case on its merits being undetermined. The appeal will be dismissed under the authority of Hauser v. Andersch, 56 Mo. App. 485, and Milling Co. v. Ramey, 57 Mo. App. 33.
62 Mo. App. 664
Strauss v. Boden
Decided May 20, 1895
Missouri Court of Appeals · decided 1895-05-20
— Hon. J. W. Henry, Judge. As we have undertaken to show, the court had no right upon demurrer to weigh the evidence, but we ■submit that the judgment as rendered was against the weight of the evidence. It must be admitted that the testimony of the plaintiff and of witness Kohler, standing undisputed and unexplained, tends strongly to ■show fraud on the part of the defendant throughout his dealings with plaintiff.
Relies on Hauser v. Andersch · Springfield Milling Co. v. Ramey
Appeal dismissed · Decided 1895-05-20