Hardison v. Steamboat Cumberland Valley
Supreme Court of Missouri
ElUtOU TO ST. LOUIS COURT OP COMMON PLEAS, It is alleged that the court below erred as follows: 1st. In overruling the first motion of the plaintiff to set aside the affirmance of the judgment, the reasons therein slated and facts set forth in the affidavit, filed in support of the motion being sufficient and valid in law, the act of Session of 1847, p. 68; is intended only to promote the payment of jurors, and when the payment of the fee required by that act was omitted by…
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ElUtOU TO ST. LOUIS COURT OP COMMON PLEAS, It is alleged that the court below erred as follows: 1st. In overruling the first motion of the plaintiff to set aside the affirmance of the judgment, the reasons therein slated and facts set forth in the affidavit, filed in support of the motion being sufficient and valid in law, the act of Session of 1847, p. 68; is intended only to promote the payment of jurors, and when the payment of the fee required by that act was omitted by mistake, and altered immediately upon discovery of such mistake, it was error in the court to refuse trial in the cáse…
1Opinion of the CourtRyland, J.
John H. Hardison, the plaintiff in error, sued the steamboat Cumberland Valley, before a justice of the peace, in Saint Louis county for work and labor done, and for materials furnished said boat. The account of the plaintiff amounted to sixty-one dollars.
The following set-off was filed before the justice (against the plaintiff), viz:
Jornr H. Hardison, To A. Bennett, l)r. To use of steamboat Cumberland Valley, and the great wreck-pump
16 hours to pump the Light-Foot, at $4 per hour'.. $64 00
A pair of Blocks and Falls. 10 00
Tools in clearing out Light-Foot... 2 00
■Damage in not fulfilling…
2Cited by6 opinions
- Vastine v. BaileyMissouri Court of Appeals · 1891
- Bailey v. LubkeMissouri Court of Appeals · 1879
- Cabanne v. MacadarasMissouri Court of Appeals · 1901
- Davis v. MillerMissouri Court of Appeals · 1889
- Dalton v. McCafferyMissouri Court of Appeals · 1885
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