Sidway v. Missouri Land & Live Stock Co.
Supreme Court of Missouri
Appeal from Polk Circuit Court. — Hon. Argus Cox, Judge. (1) Points determined by the decision and opinion on the first appeal are not open questions now, but are res judicata; and the order of the Newton Circuit Court is in full force, though it never has been complied with; and the Polk Circuit Court was without authority to disregard that order or put appellant under any apparent necessity of waiving objection to the petition or for substituting its own view as to what is…
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Appeal from Polk Circuit Court. — Hon. Argus Cox, Judge. (1) Points determined by the decision and opinion on the first appeal are not open questions now, but are res judicata; and the order of the Newton Circuit Court is in full force, though it never has been complied with; and the Polk Circuit Court was without authority to disregard that order or put appellant under any apparent necessity of waiving objection to the petition or for substituting its own view as to what is a sufficient pleading. May v. Crawford, 150 Mo. 524; Chapman v. Railroad, 146 Mo. 494; Overall v. Ellis, 38 Mo. 209;…
1Opinion of the Court
GANTT, J. —
This cause is in this court on a second appeal.
The first appeal is reported in 163 Mo. 342. After the cause was remanded to the Newton court, a change of venue was awarded to Polk county. The plaintiff filed a third amended petition, which was held bad on demurrer, and thereupon plaintiff filed a fourth amended petition. Defendant made a timely motion to strike out this fourth petition because it failed to comply with the order of the Newton Circuit Court, and for the reason that it was confusing, indefinite, duplicitous and not sufficiently itemized, and did not contain a…
2Cases cited25 opinions
- Railroad Company v. HarrisSupreme Court of the United States · 1871
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- Tioga Railroad v. Blossburg & Corning RailroadSupreme Court of the United States · 1874
- Abell v. Penn Mutual Life InsuranceWest Virginia Supreme Court · 1881
- Huss v. Central Railroad & Banking Co.Supreme Court of Alabama · 1880
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3Cited by29 opinions
- Cool v. International Shoe Co.Court of Appeals for the Eighth Circuit · 1944
- Max v. SpaethSupreme Court of Missouri · 1961
- Wojtylak v. Kansas & Texas Coal Co.Supreme Court of Missouri · 1905
- State Ex Rel. Henning v. WilliamsSupreme Court of Missouri · 1939
- Hyde v. HoniterMissouri Court of Appeals · 1913
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