Legal Opinion

City of St. Joseph ex rel. Gibson v. Hax

Missouri Court of Appeals

Decided December 4, 1893PublishedCited by 2 opinions

Appeal from the Buchanan Circuit Court. — Hon. S. P. Houston, Special Judge. (1) The judgment of the supreme court of Missouri in the Farrell case was a judgment upon the merits within the meaning of the stipulation between the parties, and the court did not err in refusing to sustain the motion in - arrest.

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Appeal from the Buchanan Circuit Court. — Hon. S. P. Houston, Special Judge. (1) The judgment of the supreme court of Missouri in the Farrell case was a judgment upon the merits within the meaning of the stipulation between the parties, and the court did not err in refusing to sustain the motion in - arrest. City of St. Joseph v. Farrell, 106 Mo. 437; Railroad v. Stephens, 36 Mo. 150; Davis v. Hull, 90 Mo. 165; Landis v. Hamilton, 77 Mo. 554, loc. cit. 565; Freeman on Judgments, secs. 260, 263-267, 272; Black on Judgments, secs. 694, 704; Brown v. Sprague, 5 Denio, 545; Galbraith v. Newton,…

1Opinion of the CourtEllison, J.

This is an action instituted upon a tax bill issued on account of the building of a sewer in the city of St. Joseph. There was a finding for plaintiff including fifteen per cent, interest on the tax bill and judgment to bear that rate. Defendant thereupon filed his motions for a new trial and in arrest of judgment. There had been a cause tried in the lower court in which the plaintiff here was plaintiff against Edward Farrell, defendant, which involved the same questions involved in this cause — the judgment in that cause, as in this, drawing fifteen per cent. That case was pending in the…

2Cases cited3 opinions

  1. City of St. Joseph ex rel. Gibson v. FarrellSupreme Court of Missouri · 1891
  2. Galbreath v. RogersMissouri Court of Appeals · 1887
  3. Galbreath v. RogersMissouri Court of Appeals · 1891

3Cited by2 opinions

  1. Hanchett Bond Co. v. GloreMissouri Court of Appeals · 1921
  2. Hammonds v. HammondsMissouri Court of Appeals · 1956

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