Compton v. Parsons
| Decision Date | 31 October 1882 |
| Citation | 76 Mo. 455 |
| Parties | COMPTON v. PARSONS, Appellant. |
| Court | Missouri Supreme Court |
Appeal from Knox Circuit Court.--The case was tried before JOSEPH G. BLAIR, ESQ., sitting as Special Judge.
REVERSED.
This was an action commenced in a justice's court for the price of a patent device to water stock alleged to have been purchased by the defendant of the plaintiff. In the justice's court judgment was rendered for the defendant. The plaintiff appealed to the circuit court, where the defendant, among other things, offered to show that the plaintiff had only acted in the matter as the agent of the firm of Marsh & Co., and that the defendant's contract was a contract with Marsh & Co.; and offered the deposition and letter of said Marsh & Co., showing that the suit was prosecuted without their consent, that plaintiff had no authority to prosecute it, and releasing defendant from paying it. The plaintiff objected, because that was not made as a defense in the justice's court; which objection the court sustained, holding that no defense could be made in the circuit court on appeal that was not made in the justice's court. The finding was for plaintiff, and defendant appealed to this court.
W. W. Cover for appellant.
A case when appealed from a justice's court is tried de novo. 2 Wag. Stat., p. 849, § 13. This court has repeatedly held that in the circuit court on appeal the defendant may make any and all defenses he may have, whether made in the justice's court or not. Hall v. Mills, 11 Mo. 215; Webb v. Tweedie, 30 Mo. 488; Phillips v. Bliss, 32 Mo. 427; Harper v. Baker, 9 Mo. 115; St. Joseph v. Davenport, 55 Mo. 572. It has been the universal ruling of this court that when a machine or article was sold for a particular purpose, defendant might show it worthless for that purpose. Barr v. Baker, 9 Mo. 840.
When a cause comes by appeal from a justice of the peace to the circuit court, it is to be tried de novo. R. S. 1879, § 3052. And the defendant may avail himself of any defense he may have, whether offered in the magistrate's court or not. Hall v. Mills, 11 Mo. 217; Phillips v. Bliss, 32 Mo. 427. The only exception to this is, when the defendant is personally served with process he cannot plead in the circuit court a set-off he had not pleaded before the justice of the peace. R. S. 1879, § 3059; Webb v. Tweedie, 30 Mo. 488. Of consequence, there was error in refusing defendant permission to show in the circuit court, and for the first time, that plaintiff was not the real party in interest, or had not the legal capacity to sue.
If the “water drawer” was worthless for the purpose for which it was purchased, this was a...
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Hill v. Dillon
...statement is not in any wise in conflict with the rule stated in Brown v. Weldon, 99 Mo. 564, 13 S.W. 342, and 27 Mo.App. 251; Compton v. Parsons, 76 Mo. 455, Danforth v. Crookshanks, 68 Mo.App. 311, Murphy v. Gay, 37 Mo. 535. In these cases, there appears either fraud or breach of an expre......
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Hill v. Dillon
...statement is not in any wise in conflict with the rule stated in Brown v. Welden, 99 Mo. 564, 13 S. W. 342; Id., 27 Mo. App. 251; Compton v. Parsons, 76 Mo. 455; Danforth v. Crookshanks, 68 Mo. App. 311; or Murphy v. Gay, 37 Mo. 535. In these cases there appears either fraud or breach of an......
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State ex rel. Duraflor Products Co. v. Pearcy
... ... justice court, at all. Krause v. Spurgeon, 297 S.W ... 434; State v. Smith, 264 S.W. 53; Compton v ... Parsons, 76 Mo. 455; Comfort v. Lynam, 67 ... Mo.App. 668; Moore v. Hutchinson, 69 Mo. 429; ... Meyers v. Boyd, 37 Mo.App. 535; ... ...
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State ex rel. Products Co. v. Pearcy
...as though there had been no trial in the justice court, at all. Krause v. Spurgeon, 297 S.W. 434; State v. Smith, 264 S.W. 53; Compton v. Parsons, 76 Mo. 455; Comfort v. Lynam, 67 Mo. App. 668; Moore v. Hutchinson, 69 Mo. 429; Meyers v. Boyd, 37 Mo. App. 535; Simon v. Ryan, 101 Mo. App. Hei......