Keleher v. Johnson
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. ■ — lion. Wm. M. Kinsey> Judge. (1)The referee erred in allowing to plaintiff half only of a twenty-five per cent fee on the amount collected by the defendant in the Davis ease. Cromwell v. County of Sac, 94 IT. S. 351; Nesbit v. District, 144 IF. S. 610; 17 Am. & Eng.
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Appeal from the Circuit Court of the City of St. Louis. ■ — lion. Wm. M. Kinsey> Judge. (1)The referee erred in allowing to plaintiff half only of a twenty-five per cent fee on the amount collected by the defendant in the Davis ease. Cromwell v. County of Sac, 94 IT. S. 351; Nesbit v. District, 144 IF. S. 610; 17 Am. & Eng. Ency. of Law (2 Ed.), p. 480.-(2) The referee erred in allowing the defendant to record or set off the several items of expense, aggregating the sum of $3313.26, and each of said items. (3) Defendant’s exceptions 1, and 2, should he entirely disregarded, since they do not…
1Opinion of the Court
OPINION.
REYNOLDS, P. J.
(after stating the facts as above). — This last tried case was appealed to the Supreme Court. That court holding the amount in controversy was not within the jurisdiction of that court but of ours, transferred it to our court, as see Kelerher v. Johnson, 272 Mo. 699, 199 S. W. 935. The only comment upon the issues in it is at page 702, where it is said: “Defendant does not plead a counterclaim, nor does he seek affirmative relief, hut raises only such issues as would, if allowed, defeat the plaintiff’s right to a recovery.”
*365This is the second trial of this case in the…
2Cases cited7 opinions
- Huffman v. HuffmanSupreme Court of Missouri · 1909
- Johnston v. Star Bucket Pump Co.Supreme Court of Missouri · 1918
- Kelerher v. HendersonSupreme Court of Missouri · 1907
- City of St. Louis ex rel. Carroll-Porter Boiler & Tank Co. v. Parker-Washington Co.Supreme Court of Missouri · 1917
- Roloson v. RiggsSupreme Court of Missouri · 1918
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3Cited by1 opinion
- Whiteside v. WhitesideMissouri Court of Appeals · 1985