West v. Freeman
Missouri Court of Appeals
Appeal from the Polk Circuit Court. — Hon. Argus Cox, Judge. (1) If defendant relies on a set-off or counterclaim it must appear that the statement of such set-off or counterclaim was filed before trial in the justice’s court. R. S. 1889, secs. 6138 and 6205; Stephens v. Supply Co., 67 Mo. App. 589; Grant v. Duffy, 71 Mo. App. 93; Frisby v. Rittman, 66 Mo. App. 421. No counterclaim shall be pleaded in the appellate court that was notpleaded befo re the justice.
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Appeal from the Polk Circuit Court. — Hon. Argus Cox, Judge. (1) If defendant relies on a set-off or counterclaim it must appear that the statement of such set-off or counterclaim was filed before trial in the justice’s court. R. S. 1889, secs. 6138 and 6205; Stephens v. Supply Co., 67 Mo. App. 589; Grant v. Duffy, 71 Mo. App. 93; Frisby v. Rittman, 66 Mo. App. 421. No counterclaim shall be pleaded in the appellate court that was notpleaded befo re the justice. Authorities supra; R. S. 1889, sec. 6346; Doggett v. Blanke, 70 Mo. App.. 502; Oldham v. Henderson, 4Mo. 301. (2) Set-off,…
1Opinion of the CourtSmith, P. J.
When the case was here on a former appeal — 69 Mo. App. 682 — a statement was then made by us of the facts disclosed by the record, which we think will be found sufficient for a. full understanding of the questions raised in'the present one.
*99The plaintiff’s evidence tended to prove that one Clubb made an agreement with defendant by which she promised to pay him $75 to secure her a claim in the “Cherokee Strip,” and that in pursuance of that agreement he did secure such claim and that she accepted said claim and filed on the same in the United States land office at Enid. The defendant’s…
2Cases cited1 opinion
- West v. FreemanMissouri Court of Appeals · 1897
3Cited by8 opinions
- McCormick Harvesting Machine Co. v. HillMissouri Court of Appeals · 1904
- Arthur Fritsch Foundry & Machine Co. v. Goodwin Manufacturing Co.Missouri Court of Appeals · 1903
- Hunter v. HelsleyMissouri Court of Appeals · 1903
- McCormick Harvesting Machine Co. v. CrawfordMissouri Court of Appeals · 1903
- El Paso Milling Co. v. DavisMissouri Court of Appeals · 1916
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