Heman v. McNamara
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The claim of defendant Dunaway is not a counterclaim. It denies that plaintiff has a cause of action, and matter which shows that plaintiff never had a cause of action which the law would enforce, is no counterclaim. 22 Am. and Eng. Ency.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The claim of defendant Dunaway is not a counterclaim. It denies that plaintiff has a cause of action, and matter which shows that plaintiff never had a cause of action which the law would enforce, is no counterclaim. 22 Am. and Eng. Ency. Law, 1893, pp. 378 and 379; Holzbauer v. Heine, 37 Mo. 443; Jones v. Moore, 42 Mo. 413. Equitable matter and prayer for relief can constitute a defense only, but not a counterclaim as against an action at law. Jones v. Moore, 42 Mo. 413. Appellant admits that his claim is not a set-off,…
1Opinion of the CourtBond, J.
On the twenty-sixth of September, 1894, a special tax bill for the reconstruction of sidewalks on Ewing avenne was issued against McNamara and wife, the then owners of an adjoining lot. On April 9,1896, the lot was conveyed to defendant Horace Dunaway. On the fourteenth of September thereafter the owner of the bill instituted the present action for its enforcement, making McNamara and wife and Dunaway defendants. The other defendants failed to appear. Dunaway answered setting up certain facts and circum.stances showing that the work of reconstruction was *6done, and the tax bill issued, in…
2Cases cited11 opinions
- Dobson v. . PearceNew York Court of Appeals · 1854
- Neenan v. City of St. JosephSupreme Court of Missouri · 1894
- Nordmanser v. HitchcockSupreme Court of Missouri · 1867
- Ritchie v. HaywardSupreme Court of Missouri · 1880
- Jones v. MooreSupreme Court of Missouri · 1868
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3Cited by7 opinions
- Rehm v. FishmanMissouri Court of Appeals · 1965
- Fricke v. W. E. Fuetterer Battery & Supplies Co.Missouri Court of Appeals · 1926
- Thrift v. ThriftSupreme Court of Rhode Island · 1910
- Pulitzer Publishing Co. v. McNicholsMissouri Court of Appeals · 1913
- Robinson v. RobinsonMissouri Court of Appeals · 1913
2 more not listed; retrieve them via the Exa API.