Dunn v. Pickard

DEW, Presiding Judge.

This is an appeal from a dismissal of appellant’s petition on motion of the defendants-respondents on the ground that by reason of a prior action determined by the Supreme Court of Missouri, the instant action is a splitting of a cause of action which had been adjudicated by the prior action or waived therein. The plaintiff has appealed from the judgment of dismissal.

The facts disclosed in the prior action, Ott v. Pickard, Mo., 237 S.W.2d 109, 110, are these: In 1916 Francis Barton Wilson died testate, -leaving his widow, two sons and three daughters. By his will he…