Gunn's Administrator v. Todd
Supreme Court of Missouri
appeal from Weston Court of Common Pleas. Action begun .in the Platte Circuit Court, and taken by change of venue to the Weston Court of Common Pleas.
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appeal from Weston Court of Common Pleas. Action begun .in the Platte Circuit Court, and taken by change of venue to the Weston Court of Common Pleas. The record showed two amended petitions and answers* The original and first amended petition were for a balance alleged to be due on account of money received by defendant from plaintiff’s intestate, after deducting a payment of $502. The last petition was founded upon a due bill, (which, it would appear, was discovered after the commencement of the suit,) for an amount’slightly varying from the sum of money stated in the original-petitions and…
1Opinion of the CourtScott, Judge
No brief was filed in this cause, and in the absence of all oral argument, we are left to the assignment of errors, in order to ascertain of what complaint is made to the detriment of the appellant, who was plaintiff below.
The error specifically assigned is the refusal of the court to give the second, third, fourth, fifth, seventh and eighth instructions asked by the plaintiff. The instruction numbered two was properly refused, as nothing is clearer than that the subject matter of an original suit may be used as a set-off by the plaintiff in that suit during its pendency, when he is sued by…
2Cited by7 opinions
- Tidewater Quarry Co. v. ScottSupreme Court of Virginia · 1906
- Steele v. SellmanCourt of Appeals of Maryland · 1894
- Myers v. TschiffelyCourt of Appeals for the D.C. Circuit · 1934
- State ex rel. City of Springfield ex rel. Board of Public Utilities v. ConleyMissouri Court of Appeals · 1988
- Kubat v. ZikaSupreme Court of Minnesota · 1932
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