Dawson v. Dillon
Supreme Court of Missouri
Appeal from St. Louis Lato Commissioner’’s Court. This was an action commenced in a justice’s court upon an account filed amounting to thirty-eight dollars. The defendant filed by way of set-off an account amounting to fifty dollars. A trial was had in the justice’s court, which resulted in a judgment against the plaintiff for twelve dollars and costs. An appeal was taken to the law commissioner’s court.
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Appeal from St. Louis Lato Commissioner’’s Court. This was an action commenced in a justice’s court upon an account filed amounting to thirty-eight dollars. The defendant filed by way of set-off an account amounting to fifty dollars. A trial was had in the justice’s court, which resulted in a judgment against the plaintiff for twelve dollars and costs. An appeal was taken to the law commissioner’s court. On the trial in the law commissioner’s court the plaintiff offered to prove, for the purpose of showing that the defendant ought not to recover upon his set-off, that the defendant owed him…
1Opinion of the CourtRichardson, Judge
The court properly refused to permit the plaintiff to set up by way of replication to the set-off interposed by the defendant another demand having no connection with the transaction out of which the set-off arose. The plaintiff can not reply to a set-off a demand which he could have included in his petition ; for if the plaintiff could reply to a set-off in this manner, the defendant could rejoin that the plaintiff owed him a debt not included in his set-off, to which the plaintiff could surrejoin, and such practice would lead to intolerable confusion.
The ruling of the court was proper for.…
2Cited by2 opinions
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