Spratt v. Early
Supreme Court of Missouri
Appeal from. Buchanan Circuit Court. — Row. R. M. Barney, Judge. (1) A motion for judgment on the pleadings, like a demurrer, admits all facts that are well pleaded by the opposite party.
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Appeal from. Buchanan Circuit Court. — Row. R. M. Barney, Judge. (1) A motion for judgment on the pleadings, like a demurrer, admits all facts that are well pleaded by the opposite party. Sternberg v. Levy, 159 Mo. 629. (2) There is no conclusive presumption that every issue which might have been tried under the pleadings in a given case actually were tried, and have therefore become res adjudicata; but only the matters that were actually considered by court are settled by the judgment. This rule is thoroughly established in this State. Tootle v. Buckingham, 190 Mo. 183; Spradling v. Conway,…
1Opinion of the CourtGeayes, J.
After an examination of the record, we find that the facts in this case are fully stated by Marshall, J., in the opinion filed in Division No. 1, and we adopt said statement of facts as follows:
‘ ‘ This is a bill in equity to set aside a conveyance, dated September 8th, 1898, from the defendants, Daniel H. Duffy and Elizabeth Duffy, his wife, to Daniel *494H. Early, for a portion of lot 9 in Mock 28 in Patee’s Addition to the city of St. Joseph, the portion aforesaid being the excess in area of said lot over and above the eighteen square rods of ground exempt, under section 3616, Revised Statutes…
2Cases cited7 opinions
- Union Railroad & Transportation Co. v. TraubeSupreme Court of Missouri · 1875
- Shelbina Hotel Ass'n v. ParkerSupreme Court of Missouri · 1874
- Missouri Pacific Railway Co. v. LevyMissouri Court of Appeals · 1885
- Donnell v. WrightSupreme Court of Missouri · 1906
- Caldwell v. WhiteSupreme Court of Missouri · 1883
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3Cited by19 opinions
- Womach v. City of St. JosephSupreme Court of Missouri · 1907
- City of St. Louis v. United Railways Co.Supreme Court of Missouri · 1915
- Melvin v. HoffmanSupreme Court of Missouri · 1921
- Case v. SipesSupreme Court of Missouri · 1919
- Custer v. KroegerSupreme Court of Missouri · 1926
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