Church v. Crossman
Supreme Court of Iowa
Appeal from Hamilton Circuit Cow't. This is an action upon a judgment rendered against defendant in favor of plaintiff, on the 16th day of February, 1872, before J. B. Preston, a justice of the peace of the town of Gfouverneur, St. Lawrence county, New York, for the sum of two hundred dollars and costs.
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Appeal from Hamilton Circuit Cow't. This is an action upon a judgment rendered against defendant in favor of plaintiff, on the 16th day of February, 1872, before J. B. Preston, a justice of the peace of the town of Gfouverneur, St. Lawrence county, New York, for the sum of two hundred dollars and costs. The defendant, for answer, denies all the allegations of the petition, and alleges that at the time the action was commenced he was not a resident of St. Lawrence county, but was a resident of Jefferson county; that the justice had no jurisdiction of his person, nor of the subject-matter of…
1Opinion of the CourtDay, J.
I. The Code, § 2540, provides that “a counterclaim may be pleaded as a defense to any cause of action, notwithstanding the same is barred by the provisions of this chapter if such counter-claim so pleaded was the property of the party pleading it at the time it became barred, and the same was not barred at the time the claim sued on originated.” . The judgment upon which this suit is instituted was rendered February 16, 1872. This, we think, constituted the origin of the claim now sued on. The answer shows upon its face that all the items of account set up in the counter-claim, *446with the…
2Cases cited5 opinions
- Hinds v. HindsSupreme Court of Iowa · 1855
- Love v. CherrySupreme Court of Iowa · 1868
- Stephens v. WilliamsSupreme Court of Iowa · 1877
- State v. MinnickSupreme Court of Iowa · 1863
- Post v. Brownell & Co.Supreme Court of Iowa · 1873
3Cited by10 opinions
- Jonas v. WeiresSupreme Court of Iowa · 1907
- Davis v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1891
- In re the Estate of TitteringtonSupreme Court of Iowa · 1906
- Bradley v. FraserSupreme Court of Iowa · 1880
- Taylor v. Independent School DistrictSupreme Court of Iowa · 1917
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