Emery v. St. Louis, Keokuk & Northwestern Railway Co.
Supreme Court of Missouri
Appeal from Lewis Circuit Court. — Hon. John C. Anderson, Judge. Conceding that the code has no application to suits before justices of the peace, and that no affirmative relief can be sought in defenses of the character here set up, this case must still be reversed, for no affirmative relief was asked.
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Appeal from Lewis Circuit Court. — Hon. John C. Anderson, Judge. Conceding that the code has no application to suits before justices of the peace, and that no affirmative relief can be sought in defenses of the character here set up, this case must still be reversed, for no affirmative relief was asked. No good reason can be assigned for saying to a defendant, you have sustained damages to a greater amount than your adversary sues you for, but he has sued you in a court that restricts you to defending beyond the sum of $50, and notwithstanding you are willing to surrender your claim in excess…
1Opinion of the Court
Martin, C.
This was an action for work and labor, commenced before a justice of the peace of Lewis county in November, 1876. The statement of the plaintiff, after being amended by leave of court, was in the form of an account specifying the number of days for which he claimed wages at the rate of $2 a day, and containing a credit for board, concluding with abalance in favor of plaintiff in the sum of $90. The defendant filed an answer to the original *342statement, which, according to a recital in the justice’s transcript, consisted of a counter-claim in part. This counterclaim was stricken out on…
2Cases cited16 opinions
- Pattison v. RichardsNew York Supreme Court · 1856
- Carey v. GuillowMassachusetts Supreme Judicial Court · 1870
- Conner v. WintonIndiana Supreme Court · 1856
- Ritchie v. HaywardSupreme Court of Missouri · 1880
- Jones v. MooreSupreme Court of Missouri · 1868
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Freeman Contracting Company v. LefferdinkMissouri Court of Appeals · 1967
- Springfield Milling Co. v. Barnard & Leas Manuf'g Co.Court of Appeals for the Eighth Circuit · 1897
- Russell v. Empire Storage & Ice Co.Supreme Court of Missouri · 1933
- Kegan v. Park BankSupreme Court of Missouri · 1928
- McCormick Harvesting Machine Co. v. HillMissouri Court of Appeals · 1904
13 more not listed; retrieve them via the Exa API.