Almeida v. Sigerson
Supreme Court of Missouri
•Appeal from St. Louis Law Commissioner's Court. Tbis action was commenced before a justice on an account for forty-seven dollars and thirty cents. Tbe defendant filed as an off-set a demand against the plaintiff for one hundred and thirty-seven dollars, upon which there was a credit for the amount of the plaintiff’s demand, leaving a balance due of eighty-nine dollars and seventy cents, for which amount the defendant had judgment in the commissioner’s court.
Read the full summary
•Appeal from St. Louis Law Commissioner's Court. Tbis action was commenced before a justice on an account for forty-seven dollars and thirty cents. Tbe defendant filed as an off-set a demand against the plaintiff for one hundred and thirty-seven dollars, upon which there was a credit for the amount of the plaintiff’s demand, leaving a balance due of eighty-nine dollars and seventy cents, for which amount the defendant had judgment in the commissioner’s court. The plaintiff filed a motion in arrest, which was overruled, and he appealed.
1Opinion of the CourtLeonard, Judge
The defendant’s set-off is founded on an account for $137, which he credits with $47 30, (the amount of the plaintiff’s account sued upon,) leaving a balance of $89 70, for which he asked and obtained judgment.
The objection is, that the amount claimed in the set- off exceeds a justice’s jurisdiction, which is the same in set-off as in an original suit, and therefore limited, in a case like the present, to a balance of not exceeding ninety dollars.
Although apparently within the words of the statute, the party is in effect sueing in set-off for the whole sum, ($137,) and asking that $47 30 of…
2Cited by3 opinions
- Emery v. St. Louis, Keokuk & Northwestern Railway Co.Supreme Court of Missouri · 1883
- Reed v. SnodgrassSupreme Court of Missouri · 1874
- Vance v. McHughMissouri Court of Appeals · 1915