North Missouri Railroad v. Stephens
Supreme Court of Missouri
Appeal from Macon Circuit Court. I. The law upon which the defence in the “Winkler case” was based having since been repealed, it can no longer be pleaded by the respondent as a defence to the cause of action alleged in the petition. 1. The agreement pleaded by the respondent, as a defence to the cause of action alleged in the appellant’s petition, is not an agreement between the appellant and respondent to abide the final judgment that would be rendered in the “Winkler…
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Appeal from Macon Circuit Court. I. The law upon which the defence in the “Winkler case” was based having since been repealed, it can no longer be pleaded by the respondent as a defence to the cause of action alleged in the petition. 1. The agreement pleaded by the respondent, as a defence to the cause of action alleged in the appellant’s petition, is not an agreement between the appellant and respondent to abide the final judgment that would be rendered in the “Winkler case,” or that the same kind of a judgment should be rendered in this case as was in that. It docs not purport to be such an…
1Opinion of the CourtWagner, Judge
Plaintiff brought suit against the defendant, in the Circuit Court of Macon county, on subscription to stock. Several other suits precisely similar were brought at the same time, in the same court, against different defendants, and among them one by the name of Winkler. The same defence was made in each case. The attonieys for the respective' parties entered into a written agreement, stating that, as the same facts and the same questions arose in all the causes mentioned, they would therefore abide the final judgment that should be rendered in the case of the plaintiff against Winkler; and…
2Cases cited1 opinion
- Union Bank of Georgetown v. GearySupreme Court of the United States · 1831
3Cited by16 opinions
- Butts v. PhelpsSupreme Court of Missouri · 1883
- Hammerslough v. CheathamSupreme Court of Missouri · 1884
- Davis v. HallSupreme Court of Missouri · 1886
- State v. TurlokMontana Supreme Court · 1926
- Commercial Union Assurance Co. Ltd., of London v. Chattahoochee Lumber Co.Supreme Court of Georgia · 1908
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