Crawford v. Armstrong
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. ' (1) It was' error to permit defendant to amend his set-off in the circuit court, by adding a new item, and increasing the amount of his claim.. R. S., secs. 6345, 6346 and 6347; Boughton v. Railroad, 25 Mo. App. 10; Wehringer v. Ahlemeyer, 23 Mo.
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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. ' (1) It was' error to permit defendant to amend his set-off in the circuit court, by adding a new item, and increasing the amount of his claim.. R. S., secs. 6345, 6346 and 6347; Boughton v. Railroad, 25 Mo. App. 10; Wehringer v. Ahlemeyer, 23 Mo. App. 277. (2) The court erred in permitting evidence to be offered as to work performed after December 10. Where a party agrees to do a prescribed thing in a prescribed time, it is no defense to an action on said contract that he offered to do, or did do, the same thing after the…
1Opinion of the CourtRombauer, P. J.
The plaintiff sued by attachment for the recovery of $170.75, which he claimed was due to him from the defendant under the contract of letting hereinafter set out. The action was brought before a justice of the peace, where the jury found a verdict for the defendant on the plea in abatement, and a verdict for the plaintiff on the merits for $105. From this judgment the plaintiff appealed to the circuit court, and on such appeal filed an affidavit which failed to state whether the appeal was taken from the judgment on the plea in abatement, or on the merits. The defendant moved to dismiss this…
2Cases cited6 opinions
- Dowdy v. WambleSupreme Court of Missouri · 1892
- Giboney v. German InsuranceMissouri Court of Appeals · 1892
- Williamson v. BaleySupreme Court of Missouri · 1883
- Mahan v. WatersSupreme Court of Missouri · 1875
- Kansas City Transfer Co. v. NeiswangerMissouri Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State Ex Rel. State Highway Commission v. PaulSupreme Court of Missouri · 1963
- Castleman v. HarrisMissouri Court of Appeals · 1900
- Estate of Fields v. Estate of HendersonMissouri Court of Appeals · 1928
- Hull v. BeardMissouri Court of Appeals · 1899
- Newman v. YorkMissouri Court of Appeals · 1898
4 more not listed; retrieve them via the Exa API.