Ferguson & McDaris Lumber Co. v. Tiede & Co.
Missouri Court of Appeals
Appeal from Christian Circuit Court. — Now,. John T. Moore, Judge. (1) In all civil actions or proceedings of any kind, the party prevailing shall recover his costs against the other party, except in those cases in which a different provision is made by statute.
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Appeal from Christian Circuit Court. — Now,. John T. Moore, Judge. (1) In all civil actions or proceedings of any kind, the party prevailing shall recover his costs against the other party, except in those cases in which a different provision is made by statute. Revised Statutes 1899, sec. 1547. When an appeal is taken from the judgment of a justice of the peace, against the appellant, and on a trial in the appellate court the appellee recovers any sum, the appellant shall pay the costs in both courts. R. S. 1899, sec. 1555. Though the amount which plaintiff recovers is reduced by set-off to…
1Opinion of the CourtBland, P. J.
The suit was commenced before a justice of the peace to recover $222.16, the balance stated to be due plaintiffs for a carload of lumber sold and delivered to defendants by plaintiffs. Defendants filed an answer and counterclaim. The answer admitted the sale and delivery of the lumber. But claimed a rebate or set-off of $22, on account of some of the lumber being below the standard sold. The counterclaim alleged that defendants were damaged in the sum of $224.65, on account of plaintiffs’ failure to deliver defendants another carload of lumber which they had agreed and contracted to deliver.…
2Cited by1 opinion
- Ozias v. HaleyMissouri Court of Appeals · 1910