State ex rel. Ramming v. O'Neil Lumber Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hoto. Jas. E. Withrow, Judge. (1) It is well settled that when a cause has once been before the appellate court, all matters passed upon by that court are res adjudicata on a second appeal. (2) The defense of estoppel was passed upon on the former appeal. If not, however, still there was no estoppel against plaintiff. State v. Sitlington, 51 Mo. App. 252; Eeichla v. Gruensf elder, 52 Mo.
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Appeal from St. Louis City Circuit Court. — Hoto. Jas. E. Withrow, Judge. (1) It is well settled that when a cause has once been before the appellate court, all matters passed upon by that court are res adjudicata on a second appeal. (2) The defense of estoppel was passed upon on the former appeal. If not, however, still there was no estoppel against plaintiff. State v. Sitlington, 51 Mo. App. 252; Eeichla v. Gruensf elder, 52 Mo. App. 43; Bank v. Frame, 112 Mo. 502. (3) Instruction 4, given on behalf of plaintiff, is a correct instruction under the evidence in this case. (4) The act under…
1Opinion of the CourtBurgess, J.
The facts as stated by defendants are as follows:
This cause was before the Court of Appeals on a former appeal, reported in 77 Mo. App. 538. On that appeal relator was the appellant, assigning as error the action of the trial court in sustaining a demurrer to the testimony. On the second trial, the one from which this appeal is taken, there was a verdict for relator in the sum of $886.24, from which defendants have appealed.
The action is upon a bond executed by defendants to the sheriff of the city of St. Louis, to protect him against any damages which he might sustain by reason of a levy…
2Cases cited1 opinion
- State ex rel. Ramming v. O'Neil Lumber Co.Missouri Court of Appeals · 1898
3Cited by6 opinions
- Mestas V. Diamond Coal & Coke Co.Wyoming Supreme Court · 1904
- Lefman v. SchulerSupreme Court of Missouri · 1927
- State Ex Rel. Nolte v. ReynoldsSupreme Court of Missouri · 1920
- State Ex Rel. Nolte v. ReynoldsSupreme Court of Missouri · 1920
- State ex rel. McDaniel v. SchrammSupreme Court of Missouri · 1917
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