Skinker v. Smith
Missouri Court of Appeals
Appeal from the PolJc Circuit Court. — Hon. W. I. Wallace, Judge. (1) The right of set-ofE did not exist at common law. The statute must give or it does not exist. And the statute being in derogation of common law-must be strictly construed. And a party to be entitled to its benefits must be clearly within its provisions. Mate ex rel. v. E Idridge, 65 Mo. 584; Primm, Taylor ■& Brown v. Ransom, 10 Mo. 444. (2) The parties to the two judgments are not the same.
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Appeal from the PolJc Circuit Court. — Hon. W. I. Wallace, Judge. (1) The right of set-ofE did not exist at common law. The statute must give or it does not exist. And the statute being in derogation of common law-must be strictly construed. And a party to be entitled to its benefits must be clearly within its provisions. Mate ex rel. v. E Idridge, 65 Mo. 584; Primm, Taylor ■& Brown v. Ransom, 10 Mo. 444. (2) The parties to the two judgments are not the same. Appellant’s judgment is • against Smith and Campbell. If executions issued upon these judgments could not have been set off,.…
1Opinion of the CourtSmith, P. J.
Childers commenced two suits-, against Smith before a justice of the peace, in one of which he recovered judgment against Smith, and in the other Smith on a counterclaim recovered judgment against him. In the former case, Smith appealed to the circuit court where judgment was on April 29, 1889, rendered against him for $78. There was no appeal taken by Childers from the judgment of the justice against him and in Smith’s favor. On the twenty-third day of April, 1889, Smith filed a transcript of the last-mentioned .judgment against Childers, which was for $75, in the office of the clerk of the…
2Cases cited10 opinions
- Marshall v. CooperCourt of Appeals of Maryland · 1875
- Yorton v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1885
- Langston v. RobySupreme Court of Georgia · 1882
- Levy v. SteinbachCourt of Appeals of Maryland · 1875
- Gano v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1884
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3Cited by4 opinions
- State ex rel. Kendrick v. HudsonMissouri Court of Appeals · 1901
- Helstein v. SchmidtMissouri Court of Appeals · 1935
- Walton v. CatronMissouri Court of Appeals · 1907
- Wabash Railroad v. BowringMissouri Court of Appeals · 1903