Weber Implement Co. v. Hill
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. A. H. Waller, Judge. (1) The court erred in not striking out defendant’s answer and counterclaim and in admitting evidence in support of the same. Both in the justice and circuit courts, defendant set up a counterclaim for $300, an amount in excess of the jurisdiction of the justice and it should have been stricken out. R. S. 1899, sec. 3936; Nenno v. Railroad, 105 Mo. App. 552; Brownfield v. Thompson, 96 Mo.
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Appeal from Boone Circuit Court. — Hon. A. H. Waller, Judge. (1) The court erred in not striking out defendant’s answer and counterclaim and in admitting evidence in support of the same. Both in the justice and circuit courts, defendant set up a counterclaim for $300, an amount in excess of the jurisdiction of the justice and it should have been stricken out. R. S. 1899, sec. 3936; Nenno v. Railroad, 105 Mo. App. 552; Brownfield v. Thompson, 96 Mo. App. 340. (2) The evidence shows that the defendant continuously used the engine during the entire fall season of 1906, and to a considerable…
1Opinion of the Court
ELLISON, J. —
This action was begun before a justice of the peace on a promissory note. On appeal to the circuit court judgment was rendered for the defendant and plaintiff appealed.
The record presented does not show that any motion for new trial was filed. Nor does it show the filing of a bill of exceptions. These things appear in what purports to be a bill of exceptions, but the place for them is in the record proper.
After defendant had prepared his briefs and made the point, plaintiff then asked leave of court to file a supplemental abstract and without obtaining such leave did file such…
2Cases cited6 opinions
- Harding v. BedollSupreme Court of Missouri · 1907
- Thompson v. RuddickSupreme Court of Missouri · 1908
- Redd v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1906
- City of Macon ex rel. Quincy National Bank v. JaegerMissouri Court of Appeals · 1908
- Stark Bros. v. MartinMissouri Court of Appeals · 1907
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3Cited by1 opinion
- Hord v. ShepherdMissouri Court of Appeals · 1911