Leahy v. Mercantile Trust Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Ron. Victor R. Falkenhainer, Judge. (1) It is fundamental in the law that a judgment of a court in a case in which it has no jurisdiction is not res judicata, and what is said in the opinion in the case, outside of the dismissal, is purely obiter dicta. 23 Cyc. 1124, note 80; Hope v. Blair, 105 Mo. 85; Horn y. Railroad, 88 Mo. App. 469; Dailey v. Sharkey, 29 Mo.
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Appeal from St. Louis City Circuit Court. — Ron. Victor R. Falkenhainer, Judge. (1) It is fundamental in the law that a judgment of a court in a case in which it has no jurisdiction is not res judicata, and what is said in the opinion in the case, outside of the dismissal, is purely obiter dicta. 23 Cyc. 1124, note 80; Hope v. Blair, 105 Mo. 85; Horn y. Railroad, 88 Mo. App. 469; Dailey v. Sharkey, 29 Mo. App. 518. (2) The decision of this court in Leahy v. Campbell, 274 Mo. 343, is not binding in this case, for the further conclusive reason that this court has since decided exactly the…
1Opinion of the CourtGraves, J.
This case first appeared in Division No. One, wherein an opinion was written by Eldee, J., reversing the judgment and remanding the cause. As a member of that division, I dissented, and the votes of other judges were such as to leave no opinion, and the case was transferred to this court, and the divisional opinion having been rejected, the case has been lodged with me for final disposition. Judge Eldee has fairly outlined the facts, and I adopt his statement of facts, reserving the right to suggest other facts, if such there be. I quote his statement of facts in full, for the reason that he…
2Cases cited12 opinions
- State ex rel. Johnson v. WithrowSupreme Court of Missouri · 1891
- State ex rel. Morse v. BurckharttSupreme Court of Missouri · 1885
- Coleman v. FarrarSupreme Court of Missouri · 1892
- Estate of Campbell v. CampbellSupreme Court of Missouri · 1918
- Hawkins v. CunninghamSupreme Court of Missouri · 1878
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3Cited by30 opinions
- Spotts v. SpottsSupreme Court of Missouri · 1932
- Estate of Hodges, Matter Of, Texas Court of Appeals, 7th District (Amarillo)1986
- State Ex Rel. Reiman v. KimmellIndiana Supreme Court · 1937
- Veal v. City of St. LouisSupreme Court of Missouri · 1956
- Danforth v. DanforthMissouri Court of Appeals · 1983
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