Pallen v. Bogy
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. A claim tbat A. is indebted to B. for work and labor on personal property by contract, express or implied, does not comport with the assertion of a lien on the same property, based upon an indebtedness of C. to B. The permission granted by the circuit court to defendants to file a counterclaim different from that filed before the justice was error, and in contravention of the statute.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. A claim tbat A. is indebted to B. for work and labor on personal property by contract, express or implied, does not comport with the assertion of a lien on the same property, based upon an indebtedness of C. to B. The permission granted by the circuit court to defendants to file a counterclaim different from that filed before the justice was error, and in contravention of the statute. R. S. 1889, secs. 6345, 6346. If by the amendment, defendants virtually abandon their claim against plaintiff and are to be held as making…
1Opinion of the CourtBland, P. J.
The action is replevin for the recovery of a number of oil portraits of the alleged value of $500, begun before a justice of the peace. The defendant in the justice’s court filed the following amended counterclaim:
“St. Louis, February 23, 1898.
“Conde B. Pallen, to Corinne Bogy, wife of Lewis Bogy, and Eugene Benoist, Dr.
“To care and preservation of portraits of, etc., being the portraits levied on in this action, services rendered from 1876 to 1896, in repairing the same and caring therefor......$500.00.”
*93In the circuit court, to which the cause was appealed, the defendant, over the objection…
2Cases cited17 opinions
- Dilworth v. McKelvySupreme Court of Missouri · 1860
- Dougherty v. CooperSupreme Court of Missouri · 1883
- Young v. GlascockSupreme Court of Missouri · 1883
- Boutell v. WarneSupreme Court of Missouri · 1876
- Anderson v. GouldbergSupreme Court of Minnesota · 1892
12 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Rankin v. WyattSupreme Court of Missouri · 1934
- Jackson v. KusmerMissouri Court of Appeals · 1967