counter claim (Missouri) · Go Syfert
← Missouri issues

counter claim in Missouri

6 Missouri opinions name it 2 courts 1868–1979 0 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Trimble v. Gordongreen
scotus · 1977 · cited in 1 Missouri opinions naming this issue, 1979–1979
2 sentences

1979See Trimble v. Gordon, 430 U.S. 762 , 97 S.Ct. 1459 , 52 L.Ed.2d 31 (1977). [3] See Vol. 1 Matthew Bacon's A New Abridgment of the Law, p. 746, Bastardy (7th Ed. 1832). [4] "The probate division of the circuit court may hear and determine all matters pertaining to probate business, to granting letters testamentary and of administration, the appointment of guardians of minors and persons of unsound mind, settling the accounts of executors, administrators and guardians, and the sale or leasing of lands by executors, administrators and guardians, including jurisdiction of the construction of will

1979See Trimble v. Gordon, 430 U.S. 762 , 97 S.Ct. 1459 , 52 L.Ed.2d 31 (1977). [3] See Vol. 1 Matthew Bacon's A New Abridgment of the Law, p. 746, Bastardy (7th Ed. 1832). [4] "The probate division of the circuit court may hear and determine all matters pertaining to probate business, to granting letters testamentary and of administration, the appointment of guardians of minors and persons of unsound mind, settling the accounts of executors, administrators and guardians, and the sale or leasing of lands by executors, administrators and guardians, including jurisdiction of the construction of will

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
McCormick Harvesting Machine Co. v. Hill green
· 1904
2 sentences

1913This court has held that a counter claim may, in a proper case, be maintained in a re plevin suit (McCormick Harvesting Co., v. Hill, 104 Mo. App. 544 , 79 S. W. 745 ); but not only was no counterclaim here filed, but none could have been filed, for the reason that any claim which defendants may have growing out of the sale of the property by plaintiff was not in existence at the time of the institution of this action.

1913This court has held that a counter claim may, in a proper case, be maintained in a re plevin suit (McCormick Harvesting Co., v. Hill, 104 Mo. App. 544 , 79 S. W. 745 ); but not only was no counterclaim here filed, but none could have been filed, for the reason that any claim which defendants may have growing out of the sale of the property by plaintiff was not in existence at the time of the institution of this action.

11913–1913
Chapman v. Kerr neutral
mo · 1883
1 sentence

1900At all events the plaintiff might have had it made more definite and certain, by a proper counter instruction, if he had asked it, and the judgment should not be reversed on this account. (8) The criticism upon instruction (c) and upon the admission of the evidence upon which it was predicated, need not be answered, as the jury found for the defendant as to all the property levied upon, apd could have so found only on the ground that the contract was usurious. ■ Their finding upon that issue included the collar and cuff machine with all the other property levied upon and whatever the finding m

11900–1900
Kirkendall, Jones & Co. v. Hartsock neutral
moctapp · 1894
1 sentence

1900At all events the plaintiff might have had it made more definite and certain, by a proper counter instruction, if he had asked it, and the judgment should not be reversed on this account. (8) The criticism upon instruction (c) and upon the admission of the evidence upon which it was predicated, need not be answered, as the jury found for the defendant as to all the property levied upon, apd could have so found only on the ground that the contract was usurious. ■ Their finding upon that issue included the collar and cuff machine with all the other property levied upon and whatever the finding m

11900–1900
Dickens v. Miller neutral
moctapp · 1882
1 sentence

1894The defendant relies on Dickens v. Miller, 12 Mo. App. 408 , where an instruction similar to the one given for plaintiff in this case was criticised.

11894–1894
State ex rel. Hayden v. McHale neutral
moctapp · 1885
1 sentence

1890State to use v. McHale, 16 Mo. App. 478 .

11890–1890
Gilbert v. Cram green
nysupct · 1855
1 sentence

1868(Hobson v. Pierce, 12 N. Y. 156 ; Post v. Sprague, 12 How.

11868–1868
Dobson v. . Pearce green
· 1854
1 sentence

1868(Hobson v. Pierce, 12 N. Y. 156 ; Post v. Sprague, 12 How.

11868–1868

Where else courts name it

TX 37 (1881–2026) NY 23 (1858–2024) CT 12 (1990–2025) OR 10 (1896–2024) MD 9 (1894–2024) FL 8 (1927–1991) IN 7 (1861–2009) CA 7 (1864–2016) PA 7 (1928–2001) MO 6 (1868–1979) NC 5 (1886–1963) NE 5 (1877–2023) MS 5 (1973–2022) AL 4 (1846–1981) IL 4 (1895–1999) OK 4 (1899–2007) CO 4 (1883–1957) KS 4 (1913–1982) GA 4 (1965–1988) IA 4 (1871–1905) WI 3 (1882–1902) DC 3 (1976–2021) MA 3 (1905–2025) OH 3 (2008–2019) SD 3 (1890–1914) MI 3 (1921–2020) SC 3 (1878–1978) WV 3 (1911–1991) RI 2 (1891–1919) KY 2 (1926–1948) NJ 2 (1963–1971) TN 2 (1988–1993) MN 2 (1865–2002)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check