Musser v. Brink
Supreme Court of Missouri
Appeal from Livingston Circuit Courts — Host. E..J. Broabdus, Judge. The law of this case was decided in appellant’s favor when the case was here before, (68 Mo. 242,) and it is now res adjudicata. Wells on Les Adjudicata, §§ 513, 617; Phe-lan v. San Francisco, 20 Cal. 45 ; Thompson v. Dill, 34 Ala. 534; Hawley v. Smith, 45 Ind. 183. The facts as developed on the re-trial, do not take the case out of the doctrine of res adjudicata.
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Appeal from Livingston Circuit Courts — Host. E..J. Broabdus, Judge. The law of this case was decided in appellant’s favor when the case was here before, (68 Mo. 242,) and it is now res adjudicata. Wells on Les Adjudicata, §§ 513, 617; Phe-lan v. San Francisco, 20 Cal. 45 ; Thompson v. Dill, 34 Ala. 534; Hawley v. Smith, 45 Ind. 183. The facts as developed on the re-trial, do not take the case out of the doctrine of res adjudicata. The parties to the contract were partners as the case now stands, conceding the correctness of the former decision. 68 Mo. 242. In determining the meaning of a…
1Opinion of the Court
Ewing, C.
This case was before this court in 1878, (68 Mo. 242,) and was reversed and remanded. Upon the hearing at that time, the petition, answer and contract were set out in full, with the evidence at the former trial; and. *352so far, reference is bad to that report. It is not necessary, for a full understanding of tbe questions involved, to re-state tbe pleadings and contract. On tbe new trial there was additional evidence*" on tbe part of tbe plaintiff; and tbe defendant offered. evidence to maintain tbe issues on bis pant. At tbe first trial tbe defendant offered no evidence.
The plaintiff*…
2Cases cited1 opinion
- Musser v. BrinkSupreme Court of Missouri · 1878
3Cited by4 opinions
- Green v. WhaleySupreme Court of Missouri · 1917
- Clifton v. HowardSupreme Court of Missouri · 1886
- Anderson v. McPikeMissouri Court of Appeals · 1890
- Sheetz v. PriceMissouri Court of Appeals · 1911