Legal Opinion

Barclay Investment Corp. v. Lamkin

Missouri Court of Appeals

Decided October 18, 1966No. 32259PublishedCited by 8 opinions

1Opinion of the Court

CLEMENS, Commissioner.

Lamkin had already sued Barclay, his corporate landlord, when Barclay filed this separate suit against Lamkin and his *169wife. The trial court dismissed Barclay’s petition because Barclay had violated the compulsory counterclaim rule. Barclay has appealed. The down-to-brass-tacks issue is this: Can a defendant get away from the compulsory counterclaim rule by filing a separate suit against the plaintiff and his wife?

The present corporate plaintiffs jointly own and operate a high-rise apartment called Barclay House. (We refer to them in the singular as Barclay.) The present…

Also in this document: Per curiam.

2Cases cited8 opinions

  1. Davison v. FarrMissouri Court of Appeals · 1954
  2. Williams v. KaestnerMissouri Court of Appeals · 1960
  3. Sturdivant Bank v. Stoddard CountySupreme Court of Missouri · 1933
  4. State Ex Rel. Buchanan v. JensenSupreme Court of Missouri · 1964
  5. State Ex Rel. MacK v. ScottMissouri Court of Appeals · 1950

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Harris v. NolaMissouri Court of Appeals · 1976
  2. Allgeier, Martin and Associates v. AshmoreMissouri Court of Appeals · 1974
  3. Jorgensen v. City of Kansas CityMissouri Court of Appeals · 1987
  4. Shinn v. Bank of CrockerMissouri Court of Appeals · 1990
  5. Schneeberger v. Hoette Concrete Construction Co.Missouri Court of Appeals · 1984

3 more not listed; retrieve them via the Exa API.

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