Wing v. Union Central Life Insurance
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — Eon. John M. Williams, Judge. (1) The appeal from the judgment with supersedeas in the former suit superseded the judgment until this court rendered its judgment. Ketehum v. Thatcher, 12 Mo. App. 185; Young v. Thrasher, 61 Mo.
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Appeal from Cooper Circuit Court. — Eon. John M. Williams, Judge. (1) The appeal from the judgment with supersedeas in the former suit superseded the judgment until this court rendered its judgment. Ketehum v. Thatcher, 12 Mo. App. 185; Young v. Thrasher, 61 Mo. App. 418; Chotean v. Rowse, 90 Mo. 191; Mason v. Railroad, 226 Mo. 224; Cohn v. Selman, 93 Mo. 574. (2) The judgment in the former suit was not a final judgment until this court rendered its judgment therein, and as this court refused to examine the merits, because no cause of action was stated in the petition in that suit, the…
1Opinion of the CourtEllison, J.
Plaintiffs’ action is to recover the statutory penalty allowed where a mortgagee fails and refuses to acknowledge satisfaction of a mortgage or deed of trust for thirty days after the debt has been paid and demand made for a release. The defense was made on the merits, as well as res adjudicata. The trial court rendered judgment for the defendant on the latter ground.
It appears that an action in the same controversy was heretofore instituted, and after a trial on the merits judgment was rendered for defendant. Plaintiff took an appeal to this court where the judgment was affirmed. [155 Mo.…
2Cases cited5 opinions
- State v. KeatingSupreme Court of Missouri · 1909
- Gwin v. WaggonerSupreme Court of Missouri · 1893
- Wiethaupt v. City of St. LouisSupreme Court of Missouri · 1900
- Taylor v. LarkinSupreme Court of Missouri · 1848
- Wing v. Union Central Life InsuranceMissouri Court of Appeals · 1911
3Cited by2 opinions
- Julian v. Commercial Assurance Co.Missouri Court of Appeals · 1926
- Woodard v. OutlandCourt of Appeals for the Eighth Circuit · 1929