Legal Opinion

Hay v. Short

Supreme Court of Missouri

Decided October 15, 1871PublishedCited by 8 opinions

Error to Sixth District Court. Where the amount proved on the counter-claim exceeds the sum found due plaintiff, the court may give defendant judgment for the balance. (Gen. Stat. 1865, ch. 171, § 2; id. ch. 165, §§ 12, 18 ; Nelson v. Johnson, 25 Mo. 430 et seq.; House v. Marshall, 18 Mo. 368-74; Grand Lodge v. Knox, 20 Mo. 433 ; Ogden v. Coddington, 2 E. D. Smith, 317, 323 ; 1 Van Santv.

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Error to Sixth District Court. Where the amount proved on the counter-claim exceeds the sum found due plaintiff, the court may give defendant judgment for the balance. (Gen. Stat. 1865, ch. 171, § 2; id. ch. 165, §§ 12, 18 ; Nelson v. Johnson, 25 Mo. 430 et seq.; House v. Marshall, 18 Mo. 368-74; Grand Lodge v. Knox, 20 Mo. 433 ; Ogden v. Coddington, 2 E. D. Smith, 317, 323 ; 1 Van Santv. PI. 545, 569.) Counter-claims embrace both set-offs and recoupments, as they were understood 'prior to the code. (Pattison v. Richards, 22 Barb. 146 ; Ramsey v. Smith, 6 How. Pr. 420 ; 9 Van Santv. PI. 545.)…

1Opinion of the CourtBliss, Judge

This was an action for rents, the value of one-third of a crop of corn raised upon shares, and was tried upon a counter-claim for damages suffered by defendant from failure on the part of the plaintiff to keep up his fence as he had agreed. Defendant obtained judgment for $21, which was recovered in the District Court.

It appears that plaintiff, by a verbal demise, leased to defendant six acres of land in a- field of sixty acres at a rent of one-third of the crop. A portion of the remaining part of the field was leased to another, but most of it was retained by the plaintiff. Adjoining the…

2Cases cited6 opinions

  1. The Mayor, C., of New-York v. . MabieNew York Court of Appeals · 1855
  2. Pattison v. RichardsNew York Supreme Court · 1856
  3. Jones v. MooreSupreme Court of Missouri · 1868
  4. House v. MarshallSupreme Court of Missouri · 1853
  5. Tarwater v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1868

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

3Cited by8 opinions

  1. Brown v. WeldonMissouri Court of Appeals · 1887
  2. Turner v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1886
  3. Heman v. McNamaraMissouri Court of Appeals · 1898
  4. Tacoma Mill Co. v. PerryWashington Supreme Court · 1903
  5. Stone v. WendoverMissouri Court of Appeals · 1876

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

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