Vance v. McHugh
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — Ron. B. R. Dyer, Judge. (1) It was competent for defendant to show by parol that the actual amount claimed by defendant in the justice court upon his set-off was within the jurisdiction of the justice, notwithstanding the set-off on its face exceeded his jurisdiction. Best v. Best, 16 Mo. 530; Downey v. Perry, 2 Watts, 304; Vanderberg v. Gras Company, 199 Mo. 460; Bridge Co. v. Transit Co., 205 Mo. 179; Cherry v. Cherry, 150 Mo.
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Appeal from Lincoln Circuit Court. — Ron. B. R. Dyer, Judge. (1) It was competent for defendant to show by parol that the actual amount claimed by defendant in the justice court upon his set-off was within the jurisdiction of the justice, notwithstanding the set-off on its face exceeded his jurisdiction. Best v. Best, 16 Mo. 530; Downey v. Perry, 2 Watts, 304; Vanderberg v. Gras Company, 199 Mo. 460; Bridge Co. v. Transit Co., 205 Mo. 179; Cherry v. Cherry, 150 Mo. App. 418; Buxton v. Debrecht, 95 Mo. App. 59©. (2) The circuit court is a court of general inherent jurisdiction, and as such had…
1Opinion of the CourtNortoni, J.
This is a suit on an account. Plaintiff recovered and defendant prosecutes the appeal.
The suit originated before a justice of the peace, and the amount of the account sued for is $154.27. Defendant filed a set-off containing numerous items of account against plaintiff — in all amounting to $294.75, and prayed judgment for this amount. The case was tried before the justice and found its way to the circuit court by appeal, for trial de novo. The parties appeared for trial in the circuit court and no formal objection appears to have been made to defendant’s set-off until he commenced the…
2Cases cited19 opinions
- Hadley v. BerneroMissouri Court of Appeals · 1903
- Schmidt v. RozierMissouri Court of Appeals · 1906
- Brownfield v. ThompsonMissouri Court of Appeals · 1902
- Rocheport Bank v. DoakMissouri Court of Appeals · 1898
- Saunders v. ScottMissouri Court of Appeals · 1908
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3Cited by3 opinions
- State ex rel. Hannon v. CrandallMissouri Court of Appeals · 1969
- Osage Land Co. v. Kansas CitySupreme Court of Missouri · 1945
- State Ex Rel. Whaley v. PorterfieldMissouri Court of Appeals · 1926