Urquhart v. Sears, Roebuck & Co.
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — Hon. W. 8. C. Walker, Judge. (1) Tbe respondent cannot maintain this action, because tbe matters bere relied upon were proper defensive matters in tbe. replevin suit between tbe same parties.. It matters not now whether the decision and judgment of the justice court was right or.wrong, it was a final judgment between the same parties unappealed from, and respondent’s alleged cause of action here is res adjudicata.
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Appeal from Stoddard Circuit Court. — Hon. W. 8. C. Walker, Judge. (1) Tbe respondent cannot maintain this action, because tbe matters bere relied upon were proper defensive matters in tbe. replevin suit between tbe same parties.. It matters not now whether the decision and judgment of the justice court was right or.wrong, it was a final judgment between the same parties unappealed from, and respondent’s alleged cause of action here is res adjudicata. Roth Tool Co. v. Spring Co., 146 Mo. App. 36-31; Spratt v. Early, 199 Mo.'501; Summet v. Realty & Brokerage Co., 208 Mo. 501. • (2) The defense…
1Opinion of the CourtBradley, J.
Plaintiff commenced this cause by attachment in a justice of the peace court in Pemiscot county alleging in his statement that he purchased from defendant a piano on the installment plan, defendant retaining the title, and that he paid $87.73 on the piano, and that defendant took from him said piaña without tendering or refunding back to him any part of -the amount paid. He asked judgment for seventy-five per cent of the amount paid. With his statement plaintiff filed an affidavit in attachment alleging that defendant was a nonresident. A writ issued, and under the writ the constable seized…
Also in this document: Concurrence.
2Cases cited3 opinions
- Gentry v. TempletonMissouri Court of Appeals · 1891
- Burt v. MearsMissouri Court of Appeals · 1890
- McArthur v. St. Louis Piano Co.Missouri Court of Appeals · 1900
3Cited by3 opinions
- Rubin v. GallagherMichigan Supreme Court · 1940
- Auffenberg Lincoln-Mercury, Inc. v. WallaceMissouri Court of Appeals · 1958
- Federal Brilliant Co. v. NelsonMissouri Court of Appeals · 1935