Charles v. St. Louis, Memphis & Southeastern Railroad
Missouri Court of Appeals
Appeal from Jefferson Circuit Court. — Hon. Joseph J. Williams, Judge. (1) All matters tried in this case were involved in the former case, and the judgment in the former case was conclusive as to all subsequent matters which might have been presented and determined therein. 24 Am. and Eng. Ency. of Law (2 Ed.)', p. 781, sec. 5; Laffoon v. Fretwell, 24 Mo. App. 258; Dickey v. Heim, 48 M'o. App. 118; Mason v. Summers, 24 Mo. App-. 174; Barkhoeffer v. Barkhoeffer, 93 Mo.
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Appeal from Jefferson Circuit Court. — Hon. Joseph J. Williams, Judge. (1) All matters tried in this case were involved in the former case, and the judgment in the former case was conclusive as to all subsequent matters which might have been presented and determined therein. 24 Am. and Eng. Ency. of Law (2 Ed.)', p. 781, sec. 5; Laffoon v. Fretwell, 24 Mo. App. 258; Dickey v. Heim, 48 M'o. App. 118; Mason v. Summers, 24 Mo. App-. 174; Barkhoeffer v. Barkhoeffer, 93 Mo. App. 373; Hamilton v. McLean, 169 Mo. 51. (2) This instruction submits to the jury the construction of the provision of the…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. At the close of plaintiffs’ evidence and again at the close of all the evidence, defendant offered instructions in the na*300ture of demurrers to the evidence. The first error assigned by defendant is the refusal of the court to grant either of these instructions. Its contention is that all matters tried in the case were involved in a former suit and the judgment in that suit is conclusive as to all subsequent matters which might have been presented and determined therein. Quoting from Henderson v. Henderson, 3 Hare 1. c. 114, the Supreme Court in Donnell v.…
2Cases cited12 opinions
- Donnell v. WrightSupreme Court of Missouri · 1899
- Van Hoozier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- City of De Soto v. American Guaranty Fund Mutual Fire InsuranceMissouri Court of Appeals · 1903
- State ex rel. Wabash Railroad v. BlandSupreme Court of Missouri · 1902
- Nelson v. Hirsch & Sons Iron & Rail Co.Missouri Court of Appeals · 1903
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3Cited by5 opinions
- Shelley v. Ozark Pipe Line CorporationSupreme Court of Missouri · 1931
- Hayes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
- Aris Gloves, Inc. v. United StatesUnited States Customs Court · 1948
- Shelby v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1910
- Pollack v. PollackMissouri Court of Appeals · 1923