Jamison v. Wickham
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. John M. Wood, Judge. When the merits of a controversy have been passed upon by a court of competent jurisdiction, they become res acljudicata, and are not open to inquiry between the same parties or their privies in any other suit, unless the judgment was procured by fraud or an appeal duly taken.
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Appeal from the St. Louis City Circuit Court. — Hon. John M. Wood, Judge. When the merits of a controversy have been passed upon by a court of competent jurisdiction, they become res acljudicata, and are not open to inquiry between the same parties or their privies in any other suit, unless the judgment was procured by fraud or an appeal duly taken. Spradling v. Conway, 51 Mo. 51; Creenabaum v. Elliott, 60 Id. 25; Union B. B. & Transportation Co. v. Traub, 59 Id. 355; Mason v. Summers, 24 Mo. App. 174. The allowance of a claim by the probate court is a judgment of a court of record, and has…
1Opinion of the CourtBond, J.
On October 6,1893, a claim for $1,537.39 in favor of Sadie Noe against the estate of John Wick-ham, deceased, was allowed by the probate court of St. Louis. Prior to this allowance the administrator of said estate paid said Sadie Noe, on account of her claim, sums aggregating $354.48, taking her receipt therefor of date September 15,1893. Subsequent to such allowance $350 was paid thereon. As to this payment there is no dispute between the parties. Sadie Noe died December 23, 1893. Administration of her estate was granted plaintiff January 19, 1894. He thereafter applied for a sale of the…
2Cases cited6 opinions
- Wright v. SalisburySupreme Court of Missouri · 1870
- Brawford v. WolfeSupreme Court of Missouri · 1890
- Harrington v. FortnerSupreme Court of Missouri · 1874
- Munday v. LeeperSupreme Court of Missouri · 1894
- Mason v. SummersMissouri Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Matson v. PearsonMissouri Court of Appeals · 1906
- Linn County Bank v. CliftonSupreme Court of Missouri · 1914