Baumhoff v. St. Louis & Kirkwood Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Robert M. Foster, Judge. (1) The court erred in holding that the former suit was not res adjudicata, and did not finally dispose of the suit in controversy.
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Appeal from St. Louis City Circuit Court. — Hon. Robert M. Foster, Judge. (1) The court erred in holding that the former suit was not res adjudicata, and did not finally dispose of the suit in controversy. Railroad v. U. S., 168 U. S. 48; Weir v. Moreley, 99 Mo. 490; Hahl v. Sugo, 169 N. T. 109; Hesser v. Johnson, 76 Pac. 320; Railroad v. Beebe, 18 Pac. 502; Folsom v. Clemens, 1991 Mass. 473; Hausted v. Des Moines, 63 Iowa 36; Herriter v. Porter, 23 Cal. 385; Morey v. King, 51 Ya. 383; Milroy v. Mining Co., 43 Mich. 231; Memmer v. Cary, 30' Minn. 458; Railroad v. Henlien, 56 Ala. 368; Tootle…
1Opinion of the CourtLamm, J.
Plaintiff, suing in equity for specific performance, sought to compel defendant trust company to deliver to him a certain certificate No. 2 for two hundred and fifty shares of the full-paid, non-assessable capital stock of the defendant railroad company, held by the former in trust under a contract, and to compel the railroad company to transfer said shares of stock to him upon its books in the manner and form prescribed by its by-laws and for such further and general relief as may be deemed just and equitable.
The decree went as prayed. The trust company made no defense so far as. disclosed…
2Cases cited14 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Perry v. . DickersonNew York Court of Appeals · 1881
- Northern Assurance Co. of London v. Grand View Building Ass'nSupreme Court of the United States · 1906
- Garland v. SmithSupreme Court of Missouri · 1901
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3Cited by7 opinions
- Kennerly v. Columbia Chemical Corp.Supreme Court of Virginia · 1923
- Terry v. New York Life Ins. Co.Court of Appeals for the Eighth Circuit · 1939
- Turley v. ThomasNevada Supreme Court · 1909
- State Ex Rel. Pickett v. CairnsSupreme Court of Missouri · 1924
- In Re Peper v. BellSupreme Court of Missouri · 1920
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