Legal Opinion

Rieschick v. Klingelhoefer

Missouri Court of Appeals

Decided January 6, 1902PublishedCited by 2 opinions

Appeal from Buchanan Circuit Court. — Hon. W. E. James, Judge. (1) The decree of Klingelhoefer v. Ziemendorf, admitted in evidence, had the same force it would have had if the pleading had not been stricken out Offut v. John, 8 Mo. 120. (2) It was as conclusive upon plaintiff as though he had been a formal party. 1 Herm. Estop, and Res. Adj., sec. 148; State v. St. Louis, 145 Mo. 567; Koontz v. Kaufman, 31 Mo. App. 410. (3) Plaintiff was privy to the suit and decree.

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Appeal from Buchanan Circuit Court. — Hon. W. E. James, Judge. (1) The decree of Klingelhoefer v. Ziemendorf, admitted in evidence, had the same force it would have had if the pleading had not been stricken out Offut v. John, 8 Mo. 120. (2) It was as conclusive upon plaintiff as though he had been a formal party. 1 Herm. Estop, and Res. Adj., sec. 148; State v. St. Louis, 145 Mo. 567; Koontz v. Kaufman, 31 Mo. App. 410. (3) Plaintiff was privy to the suit and decree. He claims under Margaret, the defendant, in that proceeding. Henry v. Woods, 77 Mo. 281; Haley v. Bagiev, 37 Mo. 364; 1 Green…

1Opinion of the CourtEllison, J.

— This is a proceeding by a bill in equity to subject certain real estate in the city of St. Joseph to the lien of a judgment in plaintiff’s favor against Margaret Ziemendorf, who became insane some time after the loan was made and James A. Gibson was appointed her guardian. The finding and decree were for plaintiff.

It appears that plaintiff loaned five hundred dollars to Margaret and her son, taking their note for the same. That at this time the title to the property in controversy was in her name and was so shown on the record. It appears, however, that the defendants, daughters of…

2Cases cited12 opinions

  1. State Bank v. FrameSupreme Court of Missouri · 1892
  2. Landis v. McDonaldMissouri Court of Appeals · 1901
  3. Central National Bank v. DoranSupreme Court of Missouri · 1891
  4. State Savings Bank v. BuckSupreme Court of Missouri · 1894
  5. Williams v. KirkMissouri Court of Appeals · 1897

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3Cited by2 opinions

  1. Bergin v. BlackwoodSupreme Court of Minnesota · 1919
  2. Yeomans v. NachmanMissouri Court of Appeals · 1917

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