Martin v. McLean
Supreme Court of Missouri
Appeal from Andrew Circuit Court. This was a bill in equity; the set- off and recoupment went to the whole bill, and should have been estimated and allowed. Each count in a petition stands as an independent cause of- action. An original "and a cross-bill make but one suit; the cross-bill is considered as a matter of defense to the hill. (3 Atlc. 812; 7 Johns. Ch. 250-2; 3 Danl. Ch. 1743; Slason v. Wright, 14 Verm. 208; Sto. Eq.
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Appeal from Andrew Circuit Court. This was a bill in equity; the set- off and recoupment went to the whole bill, and should have been estimated and allowed. Each count in a petition stands as an independent cause of- action. An original "and a cross-bill make but one suit; the cross-bill is considered as a matter of defense to the hill. (3 Atlc. 812; 7 Johns. Ch. 250-2; 3 Danl. Ch. 1743; Slason v. Wright, 14 Verm. 208; Sto. Eq. PL, § 18 ; 2 Ind. 90.) The cross-bill being dependent upon the original or principal bill, it is a well-settled practice that the dismissal of the bill necessarily…
1Opinion of the CourtWagner, Judge
The point that Martin was incapable of being made a party to the action when the judgment was rendered against him upon which the land was sold, cannot be considered here. The record shows that he had notice in the manner prescribed by statute, that the court acquired jurisdiction; and the judgment is there* fore valid till reversed or annulled in a proceeding instituted for that purpose. No inquiry as to its binding force can be had collaterally. The question raised when the case was here before on demurrer, was whether the action was maintainable, and we held that, it was. (McLean v.…
2Cases cited2 opinions
- Nordmanser v. HitchcockSupreme Court of Missouri · 1867
- McLean v. MartinSupreme Court of Missouri · 1870
3Cited by12 opinions
- Bushman v. BushmanSupreme Court of Missouri · 1925
- Pullis v. Pullis Bros. Iron Co.Supreme Court of Missouri · 1900
- Lanyon v. ChesneySupreme Court of Missouri · 1907
- Scott v. ReesSupreme Court of Missouri · 1923
- Hamlin v. WalkerSupreme Court of Missouri · 1910
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