Gurley Bros. v. Bunch
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) If damages could bave been proved and recovered under tbe general issue, defendant was es-topped from proving and recovering sucb damages, tbe answer filed not having raised any sucb issue. (2) Said damages being special damages, and being in tbe nature, if not in fact, of a counterclaim, would bave to be specially pleaded. Cobby on Rep., sec. 862; 18 Ency.
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Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) If damages could bave been proved and recovered under tbe general issue, defendant was es-topped from proving and recovering sucb damages, tbe answer filed not having raised any sucb issue. (2) Said damages being special damages, and being in tbe nature, if not in fact, of a counterclaim, would bave to be specially pleaded. Cobby on Rep., sec. 862; 18 Ency. PI. & Pr., 557; Whitcomb v. Hoffman, 14 Hun (N. Y.) 335; Bateman v. Blake, 81 Micb. 227. (3) Tbe evidence offered was illegal and incompetent in that it does not attempt to…
1Opinion of the CourtBroaddus, P. J.
This is a suit in replevin for the possession of a horse. The plaintiffs claim of a title arises out of a mortgage given to secure the payment of a certain note-past due at the beginning of the suit on the 10th day of June, 1905. The cause was begun in a justice’s court from which an appeal was taken to the circuit court. The defense was that the mortgage •had been altered since its execution. The evidence tends to show that since the trial in the justice’s court the writing had been changed by the insertion of the name of defendant in the body thereof. The judgment was for the defendant from…
2Cases cited1 opinion
- Kelly v. ThueySupreme Court of Missouri · 1898
3Cited by2 opinions
- Stephen Burns, Inc. v. TranthamMissouri Court of Appeals · 1957
- Rus v. Farmers' Nat. Bank of SealyCourt of Appeals of Texas · 1921