Beekman Lumber Co. v. Glendale Lumber Co.
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Eon. John W. McElhinney, Judge. (1) If the same facts offered in evidence constitute both a defense and a counterclaim they should be construed as setting up a defense. 31 Cyc., 225-226; Brower v. Nellis, 6 Ind.
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Appeal from St. Louis County Circuit Court. — Eon. John W. McElhinney, Judge. (1) If the same facts offered in evidence constitute both a defense and a counterclaim they should be construed as setting up a defense. 31 Cyc., 225-226; Brower v. Nellis, 6 Ind. App. 323; Shain v. Belvin, 21 Pac. 747; McConihe v. Hollister, 19 Wis. 269; Burrall v. De G-root, 5 Duer, 379; Love v. Oldham, 22 Ind. 51; Hellenbrand v. Stockman, 123 Ind. 998. (2) Though defendant did not plead before the justice of the peace, it may, in the circuit court on appeal, offer oral evidence as a defense to show that…
1Opinion of the CourtReynolds, P. J.
Plaintiff, respondent here, commenced its action before a justice of the peace of St. Louis county, by filing a statement of an open account for lumber alleged to have been sold by plaintiff to defendant, to the amount of $233.38, claiming that amount and interest thereon from April 15,1907. Personal service was had on defendant. While plaintiff appeared before the justice, defendant neither appeared nor filed any pleading, making default. Judgment going against it, defendant in due time appealed to the circuit court. On trial there before the court and a jury, plaintiff introduced evidence…
2Cases cited2 opinions
- Shepherd v. PadgittMissouri Court of Appeals · 1902
- Frisby v. RittmanMissouri Court of Appeals · 1896