Waldron v. Merseal
Missouri Court of Appeals
Appeal from Jefferson Circuit Court.. — Hon. Joseph J. Williams, Judge. (1) The court, after all the evidence was in struck out appellants’ set-off because it was “of a greater and different amount than the original set-off filed in the justice court,” and thereby committed error: (a) Because said set-off stated all the items of indebtedness between parties, as intended to be set out in the original set-off and the balance due appellants was stated to be not greater than the…
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Appeal from Jefferson Circuit Court.. — Hon. Joseph J. Williams, Judge. (1) The court, after all the evidence was in struck out appellants’ set-off because it was “of a greater and different amount than the original set-off filed in the justice court,” and thereby committed error: (a) Because said set-off stated all the items of indebtedness between parties, as intended to be set out in the original set-off and the balance due appellants was stated to be not greater than the amount stated in the original, and was therefore not a change of the cause of action. Sprague v. Follett, 90 Mq. 547;…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — I. Defendants assign as error the action of the trial court with reference to the first two pleas of set-off which were filed in the circuit court. It is sufficient to say of this that after these two pleas of set-off had been stricken from the record by the court, the defendants filed another pleading by leave of court, and the case went to the jury upon this last pleading. By so doing they waived their right to avail themselves of any supposed error committed by the. court in striking*384out the previous pleas. [Heman v. Glann, 129 Mo. 325, 335, 31 S. W. 589; Fuggle…
2Cases cited7 opinions
- Houtz v. HellmanSupreme Court of Missouri · 1910
- Wright v. SalisburySupreme Court of Missouri · 1870
- Fuggle v. HobbsSupreme Court of Missouri · 1868
- Heman v. GlannSupreme Court of Missouri · 1895
- Jones v. MooreSupreme Court of Missouri · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bryan v. Louisville & Nashville RailroadSupreme Court of Missouri · 1922