State ex rel. Ostman v. Hines
Missouri Court of Appeals
Appeal from Franklin Circuit Court. — Hon. B. 8. Byors, Judge. (1) If different proofs are required to sustain the two actions, a judgment in one is no bar to the other. Warder v. Henry, 117 Mo. 541; Garland v. Smith, 164 Mo. 22; Callahan v. Davis, 125 Mo. 35. The same rule applies to a plea of another action pending under the statute.
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Appeal from Franklin Circuit Court. — Hon. B. 8. Byors, Judge. (1) If different proofs are required to sustain the two actions, a judgment in one is no bar to the other. Warder v. Henry, 117 Mo. 541; Garland v. Smith, 164 Mo. 22; Callahan v. Davis, 125 Mo. 35. The same rule applies to a plea of another action pending under the statute. Rodney v. Gibbs, 184 Mo. 10. (2) The grounds upon which courts proceed in abatement of subsequent suits is that they are unnecessary, and are therefore deemed vexatious and oppressive. But the modern practice is not to infer as a matter of law, that a…
1Opinion of the CourtNortoni, J.
This is a suit for false imprisonment. It originated in the circuit court of St. Charles county and was removed on change of venue to the circuit court of Franklin county. The finding and judg*301ment were for defendant and relator prosecutes the appeal.
The matter in judgment arises on a plea in abatement to the effect that another suit on the same cause of action was then pending between the parties which in turn presents the question as to the essentials requisite to the dismissal and termination of a suit pending in a court of competent jurisdiction. In other words, the inquiry is as to what,…
2Cases cited10 opinions
- Barnes v. BarnesCalifornia Supreme Court · 1892
- Carleton v. . DarcyNew York Court of Appeals · 1878
- Warder v. HenrySupreme Court of Missouri · 1893
- Howard v. StrodeMissouri Court of Appeals · 1907
- Allen v. DodsonSupreme Court of Kansas · 1888
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3Cited by4 opinions
- Martin v. Richmond Cotton Oil Co.Missouri Court of Appeals · 1916
- Walker v. VandiverTennessee Supreme Court · 1915
- State Ex Rel. O'Connell v. NangleSupreme Court of Missouri · 1955
- Brown v. BrownSupreme Judicial Court of Maine · 1913