Lewis v. Gill
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. The method adopted that appellant has the right to set off the judgment against respondent’s judgment although respondent is insolvent, is well settled in this state. Fulkerson v. Davenport, 70 Mo. 541; Simpson v. Hart, 14 John. 64; Field v. Oliver, 43 Mo. 200; Johnson v. Hall, 84 Mo. 210; Barnes v. McMullens, 78 Mo. 260; Watterman on Set-off [2 Ed.], p. 450, sec. 431; Gemmell v. Hueben, 71 Mo.
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Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. The method adopted that appellant has the right to set off the judgment against respondent’s judgment although respondent is insolvent, is well settled in this state. Fulkerson v. Davenport, 70 Mo. 541; Simpson v. Hart, 14 John. 64; Field v. Oliver, 43 Mo. 200; Johnson v. Hall, 84 Mo. 210; Barnes v. McMullens, 78 Mo. 260; Watterman on Set-off [2 Ed.], p. 450, sec. 431; Gemmell v. Hueben, 71 Mo. App. 291. “It is settled law that a set-off of one judgment against another will not be allowed unless it is equitable to allow it.…
1Opinion of the CourtEllison, J.
This cause arises on a motion to set off one execution against another. The circuit court refused to allow the set-off on the ground that respondent (Lewis) was entitled to the amount of his judgment under the statute of exemptions. Gill appeals. -
It appears that Lewis sued Gill before a justice of the peace on an account. Gill appeared and filed a set-off of $135 against the claim. Lewis then dismissed his action but Gill proceeded with his claim filed as a set-off and obtained judgment before the justice for the amount thereof. Lewis afterwards re-instituted his action against Gill in the…
2Cases cited1 opinion
- Wagner v. J. H. North Furniture & Carpet Co.Missouri Court of Appeals · 1895
3Cited by4 opinions
- Caldwell v. RyanSupreme Court of Missouri · 1908
- Bowen v. City of HoldenMissouri Court of Appeals · 1901
- Caldwell v. RyanSupreme Court of Missouri · 1908
- Wabash Railroad v. BowringMissouri Court of Appeals · 1903