Rodney v. Gibbs
Supreme Court of Missouri
Appeal from Stoddard Circuit Court. — Hon. J. L. Fort, Judge. (1) (a) There is no rule of law and there are no cases that hold that a plaintiff can abate a defense in an action or in actions pertaining to possession of real estate, (b) In order to abate an action on tbe ground of another action pending, tbe subject-matter and parties must be tbe same.
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Appeal from Stoddard Circuit Court. — Hon. J. L. Fort, Judge. (1) (a) There is no rule of law and there are no cases that hold that a plaintiff can abate a defense in an action or in actions pertaining to possession of real estate, (b) In order to abate an action on tbe ground of another action pending, tbe subject-matter and parties must be tbe same. If tbe parties are reversed tbe abatement should not be sustained. 42 L. R. A. 450. (c) If different proofs aré required to sustain tbe two actions tbe judgment in one is no bar to tbe other. Warder v. Henry, 117 Mo. 541; Garland v. Smith, 164…
1Opinion of the CourtGantt, P. J.
This is an ejectment for certain lands in Stoddard county, and from a judgment in favor of Charles L. Rodney, the original plaintiff herein, the defendants prosecute this appeal. Since the appeal has been lodged in this court, Charles L. Rodney has died and the cause has been revived in the name of his heirs at law, Louis L. Rodney and Rodney Whitelaw.
The petition is in the statutory form. The answer is, first, a general denial, and, secondly, an equitable defense, wherein it is alleged in substance that Mrs. Gibbs is the daughter of the late W. TI. Whitwell, deceased; that said Whitwell, for…
2Cases cited53 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- Parkhurst v. . BerdellNew York Court of Appeals · 1888
- Texas Trunk Railway Co. v. Jackson Bros.Texas Supreme Court · 1893
- Chouteau v. AllenSupreme Court of Missouri · 1879
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
48 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State ex rel. J.E. Dunn, Jr. & Associates, Inc. v. SchoenlaubSupreme Court of Missouri · 1984
- Riggs v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Thompson v. Farmers Exchange BankSupreme Court of Missouri · 1933
- STATE EX INF. RIEDERER v. CollinsMissouri Court of Appeals · 1990
- Cook v. . CookSupreme Court of North Carolina · 1912
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