Amory Independent Telephone Co. v. Cox
Mississippi Supreme Court
Apbal from the circuit court of Monroe county. Hon. J. H. Mitchell, Judge. Suit by R. M. Cox against the Amory Independent. Telephone Company. From a judgment for plaintiff, defendant appeals.
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Apbal from the circuit court of Monroe county. Hon. J. H. Mitchell, Judge. Suit by R. M. Cox against the Amory Independent. Telephone Company. From a judgment for plaintiff, defendant appeals. Section 2740 of the Code of 1906, referred to in the opinion, is as follows: “2740. The defendant in any action shall on or before the return day of the summons, and before the trial of the case, file with the justice of the peace the evidence of debt, statement of account or other written statement of the "claim if any, which he may desire to and which lawfully may be set off against the demand of the…
1Opinion of the CourtSmith, C. J.
This suit was begun by appellee in the court of a justice of the peace, upon statement of account showing a balance due him of eighty-one dollars and seventy-five cents . When the cause came on for trial in the circuit court upon an appeal thereto, appellant asked leave of the court to file a notice of recoupment, setting forth certain damages alleged to have been sustained by it, and which it desired to have deducted from the amount of appellee’s claim. Appellee objected to the filing of this notice on the ground that under section 2740, Code 1906, it should have been filed in the justice of…
2Cases cited4 opinions
- Raymond v. StateMississippi Supreme Court · 1877
- Myers v. EstellMississippi Supreme Court · 1872
- Hayes v. Slidell Liquor Co.Mississippi Supreme Court · 1911
- D. Callahan & Co. v. NewellMississippi Supreme Court · 1884
3Cited by11 opinions
- Hoover Commercial Co. v. HumphreyMississippi Supreme Court · 1914
- Moore v. AbdallaMississippi Supreme Court · 1944
- Ward v. MitchellMississippi Supreme Court · 1953
- Parker v. SmithMississippi Supreme Court · 1928
- Sterling Products Co. v. Watkins-Gray Lumber Co.Mississippi Supreme Court · 1922
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