Murphy v. Creath
Missouri Court of Appeals
Appeal from the St. Charles County Circuit Court,. W. W. Edwards, Judge. The adj ustment made by the parties of their controversy amounted to a full and complete retraxit at common law, which was uniformly held to be res adju-dícala; the parties being personally present in court, at the time of the adjustment of the controversy, entered into the agreement themselves, and directed their attorneys to carry it out, which was done.
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Appeal from the St. Charles County Circuit Court,. W. W. Edwards, Judge. The adj ustment made by the parties of their controversy amounted to a full and complete retraxit at common law, which was uniformly held to be res adju-dícala; the parties being personally present in court, at the time of the adjustment of the controversy, entered into the agreement themselves, and directed their attorneys to carry it out, which was done. Wells lies Adjudicada, 383; Wohlford v. Compton, 79 Ya. 333 ; 2 Bouvier Law Diet., Title, Retraxit, 588. No reasonable notice was given to the defendant by the…
1Opinion of the Court
Rombatjeb J.,
delivered the opinion of the court.
This, is an action upon an account for work and material, in which the plaintiffs recovered judgment for $456.55. The answer set up the following defences: (1). A general denial. (2) A statement that the improvements sued for were not made upon the defendant’s-request, but upon the request of the defendant’s tenant, and formed no part of the realty between the defendant and his tenant. (3) Accord and satisfaction and former recovery.
The errors complained of by the defendant upon, this appeal are : (1) That the court erred in its declarations of…
Also in this document: Concurrence.
2Cases cited11 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Wadhams v. Flagler GayIllinois Supreme Court · 1874
- Haldeman v. United StatesSupreme Court of the United States · 1876
- Merritt v. CampbellCalifornia Supreme Court · 1874
- Wright v. SalisburySupreme Court of Missouri · 1870
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3Cited by1 opinion
- Lindsay v. AllenTennessee Supreme Court · 1904