Wells v. Moore
Supreme Court of Missouri
Error to Cass Circuit Court. I. The decision and final judgment rendered by the Kansas City Court of Common Pleas was rendered upon a special' demurrer to petition, for the reason that-the petition did not state facts sufficient to constitute a cause of action. This cannot constitute a bar to a subsequent suit for the same cause of-action. (See 21 Pick. 250 ; 10 Pet, 299 ; 12 Curtis’ Dig. 130-3; 21 Ind. 190 ; 12.Mo. 103.; 15 111. 300; 1 Black! 56 ; 6 Black! 56.) II.
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Error to Cass Circuit Court. I. The decision and final judgment rendered by the Kansas City Court of Common Pleas was rendered upon a special' demurrer to petition, for the reason that-the petition did not state facts sufficient to constitute a cause of action. This cannot constitute a bar to a subsequent suit for the same cause of-action. (See 21 Pick. 250 ; 10 Pet, 299 ; 12 Curtis’ Dig. 130-3; 21 Ind. 190 ; 12.Mo. 103.; 15 111. 300; 1 Black! 56 ; 6 Black! 56.) II. To constitute a former judgment on adjudication a bar to a subsequent suit upon the same cause of action, it must appear to have…
1Opinion of the CourtAdams, Judge
This was a suit by plaintiff against the defendant as indorser of three several promissory notes, one of which was a negotiable note and the other two non-negotiable.
The only defense relied on was a former judgment on demurrer, rendered in a suit between the same parties in the Kansas City Court of Common Pleas. In the latter suit the defendant demurred to the plaintiff’s petition, and alleged as causes of demurrer certain defects in the petition, and this demurrer was sustained and a final judgment rendered on the demurrer in favor of the defendant. The cause was submitted to the court, and…
2Cases cited8 opinions
- Brockway v. KinneyNew York Supreme Court · 1807
- Sherry v. ForesmanIndiana Supreme Court · 1841
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- Bell v. HoaglandSupreme Court of Missouri · 1852
- Johnson v. SmithNew York Supreme Court · 1811
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3Cited by15 opinions
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- Terre Haute & Indianapolis Railroad v. State ex rel. KetchamIndiana Supreme Court · 1902
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