Ketchum v. Thatcher
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Adams, J. After appeal with supersedeas, a judgment cannot be pleaded as res adjudicata, and has no effect, even as evidence, until the decision of the appeal. — Woodbury v. Bowman, 18 Cal. 634; Sherman v. Dilly, 3 Nev. 22; Banle v. Adams, 3 Woods C. Ct. 21; Stone v. Spillman, 16 Texas, 432; Atlsins v. Wyman, 45 Me. 399 ; Wells on Res Adjudicata, 363, sect. 441; The State v. France, 72 Mo. 41.
1Opinion of the CourtLewis, P. J.
It results from the matters appearing on the face of this record that, if a certain paper, described in the pleadings, is the last will and testament of Solomon Ketchum, deceased, the plaintiffs have no right of action. The circuit court, holding that the validity of the alleged will was res adjudicatci, sustained a motion for judgment upon the pleadings against the plaintiffs.
It appears that the alleged will was duly admitted to probate, and that afterwards a suit was instituted by the present plaintiffs, contesting its validity. The circuit court gave judgment in favor of the will, and this…
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