Ridgley v. Stillwell
Supreme Court of Missouri
Appeal from St. Louis Lcmd Cowt. The amended petition in this case states that the defendant, Stillwell, entered on certain premises in St. Louis as the tenant of the plaintiff Ridgley; that he continued to occupy the same during the year ending February 15,1857, and was indebted to the plaintiff for the use and occupation thereof for the year aforesaid; that when the defendant took possession he agreed to pay the plaintiff rent therefor, and by virtue of said tenancy and…
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Appeal from St. Louis Lcmd Cowt. The amended petition in this case states that the defendant, Stillwell, entered on certain premises in St. Louis as the tenant of the plaintiff Ridgley; that he continued to occupy the same during the year ending February 15,1857, and was indebted to the plaintiff for the use and occupation thereof for the year aforesaid; that when the defendant took possession he agreed to pay the plaintiff rent therefor, and by virtue of said tenancy and agreement became liable to pay the plaintiff $700 for the use and occupation of the premises for the said year ; that the…
1Opinion of the CourtRichardson, Judge
The law forbids the litigation of any matter which has once been determined by a court of competent authority between the same parties ; and a judgment therefore directly on a particular point is conclusive between the same parties in relation to the same matter involved in another suit. (Edgell v. Sigerson, 26 Mo. 583; Gardner v. Buckler, 3 Cow. 120; 2 Cow. & Hill’s notes, 587, et seq.) But the rule only applies to that which was directly in issue. (1 Greenl. Ev. § 528,) and does not extend to points which were collaterally or incidentally considered, or that could only be argumentatively…
2Cases cited4 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- Gardner v. BuckbeeNew York Supreme Court · 1824
- Edgell v. SigersonSupreme Court of Missouri · 1858
- Menough's AppealSupreme Court of Pennsylvania · 1843
3Cited by14 opinions
- Indianapolis, Decatur & Western Railway Co. v. First National BankIndiana Supreme Court · 1893
- Bournique v. WilliamsAppellate Court of Illinois · 1922
- Liebe v. NicolaiOregon Supreme Court · 1897
- Duryee v. TurnerMissouri Court of Appeals · 1885
- Bashor v. TurpinSupreme Court of Missouri · 1974
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