Compton v. Parsons
Supreme Court of Missouri
Appeal from Knox Circuit Court.—The case was tried before Joseph G. Blair, Esq., sitting as Special Judge. This was an action commenced in a justice’s court for the price of a patent device to water stock alleged to have been purchased by the defendant of the plaintiff. In the justice’s court judgment was rendered for the defendant.
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Appeal from Knox Circuit Court.—The case was tried before Joseph G. Blair, Esq., sitting as Special Judge. This was an action commenced in a justice’s court for the price of a patent device to water stock alleged to have been purchased by the defendant of the plaintiff. In the justice’s court judgment was rendered for the defendant. The plaintiff appealed to the circuit court, where the defendant, among other things, offered to show that the plaintiff had only acted in the matter as the agent of the firm of Marsh & Co., and that the defendant’s contract was a contract with Marsh & Co.; and…
1Opinion of the Court
I
Sherwood, J.
When a cause comes by appeal from a justice of the peace to the circuit court, it is to be tried de novo. R. S-. 1879, § 3052. And the defendant may avail himself of any defense he may have, whether offered in *457the magistrate’s court or not. Hall v. Mills, 11 Mo. 217; Phillips v. Bliss, 32 Mo. 427. The only exception to this is, when the defendant is personally served with process he ■cannot plead in the circuit court a set-off he had not pleaded before the justice of the peace. R. S. 1879, §. 3059; Webb v. Tweedie, 30 Mo. 488. Of consequence, there was error in refusing defendant…
2Cases cited4 opinions
- Murphy v. GaySupreme Court of Missouri · 1866
- Webb v. TweedieSupreme Court of Missouri · 1860
- Phillips v. BlissSupreme Court of Missouri · 1862
- Darby v. SwartzSupreme Court of Missouri · 1847
3Cited by18 opinions
- Brown v. WeldonSupreme Court of Missouri · 1889
- Brown v. WeldonMissouri Court of Appeals · 1887
- Hill v. DillonMissouri Court of Appeals · 1913
- Boyer v. NeelMissouri Court of Appeals · 1892
- Barr v. LakeMissouri Court of Appeals · 1910
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