Galbreath v. Rogers
Missouri Court of Appeals
Appeal from Pettis Circuit Court, Hon. John P. Strother, Judge. Statement ef case by the court. The following statement is sufficiently full and correct to cover the points presented for consideration : In December, 1881, a number of suits were brought in the Pettis circuit court to recover on special tax bills, issued on account of the macadamizing of Ohio street, in the city of Sedalia, against the property abutting on said street.
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Appeal from Pettis Circuit Court, Hon. John P. Strother, Judge. Statement ef case by the court. The following statement is sufficiently full and correct to cover the points presented for consideration : In December, 1881, a number of suits were brought in the Pettis circuit court to recover on special tax bills, issued on account of the macadamizing of Ohio street, in the city of Sedalia, against the property abutting on said street. In some of these cases one T. B. Anderson, the contractor, was plaintiff, and in the others the plaintiff was the plaintiff in this case, to whom Anderson had…
1Opinion of the CourtEllison, J.
I. In some instances and under some circumstances courts, will relieve parties of stipulations made in a cause, but it is never done merely, for the reason that the case has gone contrary to the expectation of the stipulator. Something was said to the effect that the reply setting up an estoppel in the test case was in the nature of a surprise to defendants, as the first reply was simply a general denial of the new matter in the, answer. But the stipulation was entered into before the answer or either reply was filed and could not have been made with a view to any particular state of the…
Also in this document: Concurrence.
2Cases cited1 opinion
- Asbury v. OdellSupreme Court of Missouri · 1884
3Cited by8 opinions
- Landers v. SmithMissouri Court of Appeals · 1964
- Keller v. KeklikianSupreme Court of Missouri · 1951
- Huegel v. HuegelSupreme Court of Missouri · 1932
- Hammonds v. HammondsMissouri Court of Appeals · 1956
- State ex rel. Turri v. KeetMissouri Court of Appeals · 1981
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