Weaver Mining Co. v. Guthrie
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division Number One. — Hon. Joseph D. Perkins, Judge. (1) Tbe answers in this case do not set up a plea of former adjudication, and the facts in the record do not support such a plea as there is no identity of cause of action in the two suits. The action pending on appeal in the Supreme Court was for an injunction against trespass.
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Appeal from Jasper County Circuit Court, Division Number One. — Hon. Joseph D. Perkins, Judge. (1) Tbe answers in this case do not set up a plea of former adjudication, and the facts in the record do not support such a plea as there is no identity of cause of action in the two suits. The action pending on appeal in the Supreme Court was for an injunction against trespass. The present action is one to forfeit a lease for the breach of a condition which occurred subsequent to the entry of judgment in the former suit. Rodney v. Gibbs, 184 Mo. 1, 12; Long v. Lackawanna Coal Co., 233 Mo. 735;…
1Opinion of the CourtSturgis, J.
This is a suit to determine title to certain lands and more particularly to have the court adjudge that defendants have forfeited their rights to mine on the land in question by reason of having failed to comply with the terms and conditions of the mining lease under which they claim such rights. The plaintiff is the present owner in fee of such land. The mining lease in question was made by plaintiff’s grantor, then owner of the land. This lease, dated-November -5, 1909, gives to one Otto the right to mine said land for ten years, subject to conditions, among others, requiring the lessee to…
Also in this document: Concurrence.
2Cases cited9 opinions
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3Cited by11 opinions
- McCallister v. Texas Co.Court of Appeals of Texas · 1920
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