Greer v. Joyce
Supreme Court of Arkansas
Appeal from White Circuit Court, J. M. Jackson, Judge; 1. It was error to overrule plaintiff’s motion to strike defendant’s set-off. No set-off or counter-claim was plead before the justice and it could not be plead in the circuit court on appeal for the first time. Kirby’s Digest, section 4682; 44 Ark. 375; 85 Id. 444. 2. The court erred in its oral charge to the jury. Cases supra. Judgment should be entered here, as the claim is undisputed.
Read the full summary
Appeal from White Circuit Court, J. M. Jackson, Judge; 1. It was error to overrule plaintiff’s motion to strike defendant’s set-off. No set-off or counter-claim was plead before the justice and it could not be plead in the circuit court on appeal for the first time. Kirby’s Digest, section 4682; 44 Ark. 375; 85 Id. 444. 2. The court erred in its oral charge to the jury. Cases supra. Judgment should be entered here, as the claim is undisputed. The judgment appealed from was a default judgment before a justice of the peace. Appellee was not summoned and had no chance to make his defense before…
1Opinion of the CourtWood, J.
The appellant filed an account in the justice court against the appellee for the sum of $26. Service was had upon the appellee and judgment was rendered against him by default.
Appellee appealed to the circuit court. There he filed a set-off in the sum of $50. Appellant moved to strike the set-off, which was overruled. Appellant duly saved exceptions to the ruling.
The appellee admitted that he owed the amount sued for but contended that the amount was set off by his claim and that appellant was due him a balance of $24. The cause was sent to the jury, and a verdict and judgment were rendered…
2Cases cited5 opinions
- St. L., I. M. & S. Ry. Co. v. RichterSupreme Court of Arkansas · 1886
- Texas & St. Louis Railway v. HallSupreme Court of Arkansas · 1884
- Woolverton v. FreemanSupreme Court of Arkansas · 1905
- Chicago, Rock Island & Pacific Railway Co. v. YoungSupreme Court of Arkansas · 1908
- Hines v. StephensSupreme Court of Arkansas · 1909