Dickey v. Heim
Missouri Court of Appeals
Appeal from the Jaclcson Circuit Court. — Hon. R. H. Field, Judge. (1) The general rule is well established that a judgment in a former action, when offered in evidence in a subsequent action between the same parties upon a different demand or cause of action growing out of the .same transaction, operates as an estoppel or bar only upon the matter in issue and determined in the former action.
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Appeal from the Jaclcson Circuit Court. — Hon. R. H. Field, Judge. (1) The general rule is well established that a judgment in a former action, when offered in evidence in a subsequent action between the same parties upon a different demand or cause of action growing out of the .same transaction, operates as an estoppel or bar only upon the matter in issue and determined in the former action. If the pleadings and judgment in the former .action do not disclose the precise point or question litigated and determined, the party who seeks to avail himself of the judgment in the former action as a…
1Opinion of the Court
Gill,
Defendant Heim by a written lease rented from plaintiff Dickey a certain building in Kansas City for the period of one year ending July 1, 1887. By a stipulation in the lease Heim had at the end of the year the privilege to extend the same two years longer, but at an .increased rental. The rent in all cases was to be paid monthly in advance. The building was occupied as a saloon by different parties holding under Heim who supplied these subtenants with beer. The rent was paid, but with some irregularity, until the spring of the year 1888, when Dickey brought suit against ITeim for the…
2Cases cited3 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
- Offutt v. JohnSupreme Court of Missouri · 1843
3Cited by9 opinions
- Barber Asphalt Paving Co. v. FieldMissouri Court of Appeals · 1906
- State Ex Inf. McKittrick v. Missouri Public Service Corp.Supreme Court of Missouri · 1943
- Winham v. KlineMissouri Court of Appeals · 1898
- Charles v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1907
- Hartwig v. Security Mutual Life InsuranceMissouri Court of Appeals · 1912
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