State ex rel. Hospes v. Branch
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Eisi-ier, Judge (1) The receipt of June 1, 1885, and the entry of satisfaction and discharge of June 16, 1885, are prima facie evidence of payment. State ex rel. v. Branch, 112 Mo. 661. (2) The statements contained in the judicial proceedings given in evidence are solemn declarations on the part of the plaintiff Alice, upon which, at her suit, the courts have acted.
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Eisi-ier, Judge (1) The receipt of June 1, 1885, and the entry of satisfaction and discharge of June 16, 1885, are prima facie evidence of payment. State ex rel. v. Branch, 112 Mo. 661. (2) The statements contained in the judicial proceedings given in evidence are solemn declarations on the part of the plaintiff Alice, upon which, at her suit, the courts have acted. She has accepted and retained the fruits of the judgment so rendered, and can not now, be heard to contradict the statements of fact upon which they were based, or take a…
1Opinion of the CourtRobinson, J.
This is an action at the relation ¡and to the use of Eichard Ilospes, trustee of Alice Crookes, and the said Alice Crookes against Joseph Branch, her former curator, and the personal representatives of the sureties on his bond.
The cause comes up from the St. Louis Circuit Court, and makes its appearance in this court for the fourth time, the former appeals being reported respectively in the 112 Mo. 661; 126 Mo. 448; and the 134 Mo. 592.
Suit was originally commenced on March 12, 1889. Defendant Branch suffered a default to be taken against himself; defendant Elizabeth M. Parkes, executrix of…
2Cases cited5 opinions
- Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1896
- Imhoff & Co. v. McArthurSupreme Court of Missouri · 1898
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1892
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1895
3Cited by25 opinions
- State Ex Rel. St. Joseph Belt Railway Co. v. ShainSupreme Court of Missouri · 1937
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
- Lyons v. St. Joseph Belt Railway Co.Missouri Court of Appeals · 1937
- Dorman v. East St. Louis Railway Co.Supreme Court of Missouri · 1934
- Ayers v. Wabash RailroadSupreme Court of Missouri · 1905
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