Bank of Tipton v. Cochel
Missouri Court of Appeals
Appeal from Cooper Circuit Court, Hon. E. L. Ed wands, Judge. The case is stated in the opinion. I. The judgment of the circuit court should be reversed, because it erroneously held that appellants were privies to the interplea proceedings in the circuit court of Moniteau county, and that, therefore, the question and issues tried in that case were res judicata as to this case. There was no privity between appellants and Hazell.
Read the full summary
Appeal from Cooper Circuit Court, Hon. E. L. Ed wands, Judge. The case is stated in the opinion. I. The judgment of the circuit court should be reversed, because it erroneously held that appellants were privies to the interplea proceedings in the circuit court of Moniteau county, and that, therefore, the question and issues tried in that case were res judicata as to this case. There was no privity between appellants and Hazell. The test of who are privies seems to be this : No one is a privy who conld not be admitted to make defence, to examine witnesses, or to appeal from the judgment. It is…
1Opinion of the CourtHall, J.
This was a suit by attachment against the defendants on the ground, among others, that they had fraudulently assigned their property. One Hazell interpleaded, claiming all of the property attached, by virtue of a general assignment made to him by defendants. To the interplea the plaintiff made answer, alleging that the assignment was fraudulent as to the plaintiff and the creditors of the defendants. The plaintiff had judgment on the interplea, on which judgment the inter-pleader sued out of the Supreme Court a writ of error. But it would seem, from the record in this case, that no-*533"bond for…
2Cases cited3 opinions
- Missouri Pacific Railway Co. v. AtkisonMissouri Court of Appeals · 1885
- Armstrong v. City of St. LouisSupreme Court of Missouri · 1879
- State ex rel. Brainerd v. ThayerSupreme Court of Missouri · 1883