Bowen v. City of Holden
Missouri Court of Appeals
Appeal from Johnson Circuit Court. — How. Wm. L. Jarrott, Judge. (1) If Bowen had never assigned the judgment at all, it would still be subject to set-off as against him. This was expressly decided in Johnson v. Hall, 84 Mo. 211, and the case has never been overruled by the Supreme Court. (2) The judgment in this case is similar to a judgment in case of mutual accounts, only it presents stronger reasons why set-off should lie allowed.
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Appeal from Johnson Circuit Court. — How. Wm. L. Jarrott, Judge. (1) If Bowen had never assigned the judgment at all, it would still be subject to set-off as against him. This was expressly decided in Johnson v. Hall, 84 Mo. 211, and the case has never been overruled by the Supreme Court. (2) The judgment in this case is similar to a judgment in case of mutual accounts, only it presents stronger reasons why set-off should lie allowed. This court has held in case of “mutual accounts” the question of exemptions does not apply even when properly raised. Wagner v. Furniture & Carpet Co., 63 Mo.…
1Opinion of the CourtSmith, P. J.
Plaintiff sued defendant to recover damages for personal injuries sustained in consequence of the negligence of the latter. There was a trial resulting in a judgment for plaintiff for three hundred dollars, with costs. Five days after this judgment was rendered the court, on the motion of the defendant, set aside said judgment as to costs and instead thereof entered a judgment in favor of defendant against plaintiff for the costs. The grounds upon which it changed the original judgment, as just stated, was that the plaintiff had not presented his claim to the city council before commencing…
2Cases cited3 opinions
- State ex rel. Kendrick v. HudsonMissouri Court of Appeals · 1901
- Wagner v. J. H. North Furniture & Carpet Co.Missouri Court of Appeals · 1895
- Lewis v. GillMissouri Court of Appeals · 1898
3Cited by9 opinions
- Caldwell v. RyanSupreme Court of Missouri · 1908
- City of Lexington ex rel. Menefee v. Commercial BankMissouri Court of Appeals · 1908
- Atlantic Life Insurance v. RingSupreme Court of Virginia · 1936
- Simpson v. BantleyMissouri Court of Appeals · 1910
- Goben v. Quincy, Omaha & Kansas City Ry. Co.Missouri Court of Appeals · 1920
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