Dissette v. Dost
Court of Appeals for the D.C. Circuit
Appeal from the Supreme Court of the District of Columbia. Assumpsit by Charles O. Dost against John W. Dissette. Judgment for the plaintiff for insufficiency of the affidavit of defense, and defendant appeals.
1Opinion of the Court
SMYTH, Chief Justice.
Dost sued Dissette in assumpsit on the common counts for $1,654.48, and attached to his declaration a bill of particulars, in which he claimed that sum as a balance due to him for salary which Dissette had agreed to pay him, and for money advanced on account of Dissette. In his affidavit of defense Dissette admits that he is indebted to Dost in the sum of $767.53, but alleges *456a set-off in the amount of $5,000. There was a motion for judgment on the ground that the affidavit was defective. The court sustained the motion as to the amount which was admitted to be due, but…
2Cases cited5 opinions
- Roberts v. GrahamSupreme Court of the United States · 1868
- Chicago, Burlington & Quincy Railroad v. EmmertNebraska Supreme Court · 1897
- The DirectorDistrict Court, D. Oregon · 1886
- Troy Laundry MacHinery Co. v. DolphSupreme Court of the United States · 1891
- Rice Auto Co. v. SpillmanCourt of Appeals for the D.C. Circuit · 1922