Ingraham v. Dyer
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) Tbe judgment in case number 3313 can not be-collaterally attacked as in this ease. It is res judicata. , The date of execution of the note sued on is a fact admitted by defendant there, plaintiff here. It is a fact decided in, and necessary to, the judgment, and is conclusive on all parties.
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Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) Tbe judgment in case number 3313 can not be-collaterally attacked as in this ease. It is res judicata. , The date of execution of the note sued on is a fact admitted by defendant there, plaintiff here. It is a fact decided in, and necessary to, the judgment, and is conclusive on all parties. Kopp v. Blessing, 121 Mo. 391; Nave v. Adams, 107 Mo. 415; Irvine v. Leyh, 102 Mo. 200; Health v. Frackleton, 20 Wis. 320; Chilton v. Beeves, 29 Texas, 281; Belvidere v. Railroad, 34 N. J. Law, 197; Outram v. Morewood, 3 East, 346; Burden…
1Opinion of the CourtGantt, P. J.
This is a suit in equity to restrain the sale of certain real estate in Kansas City under a judgment of the circuit court of Jackson county rendered in favor of Leigh R. Dyer v. Henry S. Ingraham, Asa Ingraham and Dorson P. Ingraham on the- fourth day of December, 1889, on the ground that the same is exempt as the homestead of Dorson P. Ingraham, the plaintiff. There was also a second count in the petition, asking to have the judgment set aside on the ground of the unauthorized appearance of attorneys for Asa Ingraham, but inasmuch as the judgment of the circuit court was against the…
2Cases cited4 opinions
- Murphy v. DeFranceSupreme Court of Missouri · 1891
- Anthony v. RiceSupreme Court of Missouri · 1892
- Perrin v. Widow of SargeantSupreme Court of Vermont · 1860
- Daudt v. HarmonMissouri Court of Appeals · 1884
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- Burton v. LookSupreme Court of Missouri · 1901