Hammond v. Darlington
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. James R. Kinealy, Judge. (1) Tlie judgment and all the proceedings before the justice of the peace in the lien case were improperly admitted in evidence1 — they were improperly in evidence for any purpose, for these reasons: (a) neither Darlington nor either of his partners were parties to them; as to them it was res inter alios acta. Fire Clay Works v. Ellison, 30 Mo. App. 67; Griffith v. Gilliam, 31 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court.—Hon. James R. Kinealy, Judge. (1) Tlie judgment and all the proceedings before the justice of the peace in the lien case were improperly admitted in evidence1 — they were improperly in evidence for any purpose, for these reasons: (a) neither Darlington nor either of his partners were parties to them; as to them it was res inter alios acta. Fire Clay Works v. Ellison, 30 Mo. App. 67; Griffith v. Gilliam, 31 Mo. App. 38; State ex rel. v. Drew, 43 Mo. App. 368; Ins. Co. v. Hazeltine, 53 Mo. App. 308; Brass Mfg. Co. v. Boyce, 74 Mo. App. 353; Clark v.…
1Opinion of the CourtReyburn, J.
This action was commenced before a justice of the peace upon the following declaration of right of action:
“Plaintiff states that defendants, Elvans R. Darlington, James G. Berryhill and S. L. Berryhill, were at the times hereinafter mentioned, copartners, doing *338business under tbe name and style of E. R. Darlington & Co., and being engaged in tbe lumber business in tbe city of St. Louis, Missouri.
“Plaintiff states that between the twelfth day of April, 1902, and the twenty-fourth day of May, 1902, plaintiff was a carpenter and builder, did perform certain work and labor upon a certain theatre…
2Cases cited20 opinions
- De Witt v. SmithSupreme Court of Missouri · 1876
- Brooks v. Railway Co.Supreme Court of the United States · 1880
- Leonard v. SparksSupreme Court of Missouri · 1893
- Douglas v. St. Louis Zinc Co.Supreme Court of Missouri · 1874
- Landau v. CottrillSupreme Court of Missouri · 1900
15 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Grimsley v. First Ave. Coal & Lumber Co.Supreme Court of Alabama · 1927
- Schroeter Bros. Hardware Co. v. Croatian "Sokol" Gymnastic Ass'nSupreme Court of Missouri · 1933
- Powers & Boyd Cornice & Roofing Co. v. MuirMissouri Court of Appeals · 1909
- Captiva Lake Investments v. Fidelity National Title Ins.Court of Appeals for the Eighth Circuit · 2018
- May v. ModeMissouri Court of Appeals · 1909
6 more not listed; retrieve them via the Exa API.