Green v. Von der Ahe
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court — Hon, Leroy B. Valliant, Judge. “To sustain a plea of res adjudicata, there must be evidence to show that the matters in issue, and decided in the first suit, are the same as those presented for determination in the second.” The record from court room number 1 did not sustaiji the plea of the defendant, and the testimony of the defendant on that issue was in the plaintiff’s favor. Preem.
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Appeal from the St. Louis City Circuit Court — Hon, Leroy B. Valliant, Judge. “To sustain a plea of res adjudicata, there must be evidence to show that the matters in issue, and decided in the first suit, are the same as those presented for determination in the second.” The record from court room number 1 did not sustaiji the plea of the defendant, and the testimony of the defendant on that issue was in the plaintiff’s favor. Preem. Judg., sec. 238, p. 256 ; Spurlock v. Railroad, 76 Mo. 67; Tutt v. Price, 7 Mo. App. 194 ; State ex rel. v. James, 82 Mo. 509. The evidence is conclusive that the…
1Opinion of the CourtRombauer, P. J.
In February, 1886, the plaintiff instituted a suit against the defendant for two causes of action. The first related to a contract for rebuilding an • omnibus. The second was for miscellaneous services rendered including the running of an advertising wagon, for services rendered and money spent in procuring the passage of a bill in the municipal assembly, buggy hire, omnibus hire, purchasing horse, etc. The second count was accompanied by a detailed schedule of the items sued for, covering a period from February, 1885, until October, 1885. Upon a trial of the cause, the plaintiff was…
2Cases cited4 opinions
- Union Railroad & Transportation Co. v. TraubeSupreme Court of Missouri · 1875
- Moran v. PlankintonSupreme Court of Missouri · 1876
- Funk v. FunkMissouri Court of Appeals · 1889
- Ruddle v. HorineMissouri Court of Appeals · 1889
3Cited by6 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Cunningham v. Union Casualty & Surety Co.Missouri Court of Appeals · 1900
- West v. MoserMissouri Court of Appeals · 1892
- Koenig v. MorrisonMissouri Court of Appeals · 1891
- La Crosse Lumber Co. v. Audrain County Agricultural & Mechanical SocietyMissouri Court of Appeals · 1894
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