Lack ex rel. Scudder v. Brecht
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein■, Judge. (1) The trial court erred in overruling the defendant’s motion in arrest of judgment. Defendant’s counterclaim was specific as to amount, and prayed judgment for the difference between the $5,144.88 accrued to defendant and the $4,274.94 received by him, to-wit: $869.94; but no finding or judgment was entered one way or the other upon this prayer.
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Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein■, Judge. (1) The trial court erred in overruling the defendant’s motion in arrest of judgment. Defendant’s counterclaim was specific as to amount, and prayed judgment for the difference between the $5,144.88 accrued to defendant and the $4,274.94 received by him, to-wit: $869.94; but no finding or judgment was entered one way or the other upon this prayer. Under, the statute this counterclaim constituted a cross-action in favor of defendant against plaintiff. E. S. 1889, sec. 2050; E. S. 1899, sec. 605; Eitchie v. Hayward, 71 Mo.…
1Opinion of the CourtGantt, J.
This action was commenced by the guardian of Mrs. Lack, an insane person, in her lifetime, and pro*248ceeds to judgment, but since tbe appeal bas been pending in this court sbe bas died, and by proper proceedings tbe cause has been duly revived in tbe name of George PI. Bowles, her administrator witb tbe will annexed.
Tbe petition contained two counts. The first stated that upon inquest duly made Mrs. Lack bad been found and adjudged of unsound mind, and Charles Scudder appointed her guardian by the probate court of tbe city of St. Louis; that prior to tbe inquisition for that purpose sbe was of…
2Cases cited4 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1900
- Watson v. HarmonSupreme Court of Missouri · 1885
- Wentzville Tobacco Co. v. WalkerSupreme Court of Missouri · 1894
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1894
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- Nika Corp. v. City of Kansas City, Mo.District Court, W.D. Missouri · 1984
- Independence Flying Service, Inc. v. AilshireSupreme Court of Missouri · 1966
- Commercial Credit Corp. v. Joplin Automobile Auction Co.Missouri Court of Appeals · 1968
- Drannek Realty Co. v. Nathan Frank, Inc.Supreme Court of Missouri · 1940
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