City of St. Joseph ex rel. Gibson v. Hax
Missouri Court of Appeals
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
- City of St. Joseph ex rel. Gibson v. FarrellSupreme Court of Missouri · 1891
- Galbreath v. RogersMissouri Court of Appeals · 1887
- Galbreath v. RogersMissouri Court of Appeals · 1891
3Cited by2 opinions
- Hanchett Bond Co. v. GloreMissouri Court of Appeals · 1921
- Hammonds v. HammondsMissouri Court of Appeals · 1956