Section 3.6 Abandoned Pleadings in Same Case

• Library: Sources of Proof (2014 Ed.)

E. (§3.6) Abandoned Pleadings in Same Case

In Missouri, admissions against interest in abandoned pleadings in the same case do not constitute true judicial admissions. They are not conclusive. Admissions against interest in abandoned pleadings are no different from admissions against interest in nonabandoned pleadings, and they may be rejected by the jury. See:

· Bledsoe v. Northside Supply & Dev. Co., 429 S.W.2d 727, 730 (Mo. 1968)

· Curtain v. Aldrich, 589 S.W.2d 61, 65 (Mo. App. W.D. 1979), overruled on other grounds by James v. Paul, 49 S.W.3d 678 (Mo. banc 2001)

· DeArmon v. City of St. Louis, 525 S.W.2d 795, 803 (Mo. App. E.D. 1975)

· Hall v. Denver-Chicago Int’l, Inc., 481 S.W.2d 622, 628 (Mo. App. W.D. 1972)

· Cantrell v. Knight, 72 S.W.2d 196, 199 (Mo. App. S.D. 1934)

· Evans v. Eno, 903 S.W.2d 258, 260 (Mo. App. W.D. 1995)

A client who was unaware of the pleadings may inform the jury of that fact. Lewis v. Wahl, 842 S.W.2d 82 (Mo. banc 1992).

An abandoned pleading may be used as an admission against interest if it contains admissions of fact against the interest of the pleader. See:

· Carter v. Matthey Laundry & Dry Cleaning Co., 350 S.W.2d

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