State ex rel. Tully v. Bick
Missouri Court of Appeals
Appeal from the Monroe Circuit Court. — Hon. Thomas H. Bacon, Judge. The court erred in refusing to permit relator to prove his damages, costs and charges. Even if there had been an adjudication, parol evidence is admissible to show whether a question was determined in former suit and is not necessarily conclusive as to all facts arising upon the record. Hiclcerson ». Mexico, 58 Mo. 61; Armstrong v. St. Louis, 3 Mo.
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Appeal from the Monroe Circuit Court. — Hon. Thomas H. Bacon, Judge. The court erred in refusing to permit relator to prove his damages, costs and charges. Even if there had been an adjudication, parol evidence is admissible to show whether a question was determined in former suit and is not necessarily conclusive as to all facts arising upon the record. Hiclcerson ». Mexico, 58 Mo. 61; Armstrong v. St. Louis, 3 Mo. App. 100; Sweet v. Maupin, 65 Mo. 65; Washington, Alexandria & Georgetown S. P. Go. v. Siclcels, 5 Wallace, 580.
1Opinion of the CourtRombauer, P. J.
This is a suit upon an attachment bond, prosecuted by the relator who was summoned as a garnishee therein, against the principal in the bond who was plaintiff in the attachment suit. Upon the trial of the cause the relator took a non-suit, and after an ineffectual motion to set it aside, he prosecutes this appeal.
The petition, although inartificially drawn, sets out the giving of the bond, conditioned among other things to pay all costs and damages that may accrue to any defendant or garnishee by reason of the attachment or any process or proceeding therein. It further states that the relator…
2Cases cited4 opinions
- Barnes ex rel. Hayes v. WebsterSupreme Court of Missouri · 1852
- Ladd v. CouzinsSupreme Court of Missouri · 1873
- Dorriss v. CarterSupreme Court of Missouri · 1878
- Loehner v. HillMissouri Court of Appeals · 1885
3Cited by3 opinions
- Fears v. RileySupreme Court of Missouri · 1898
- Wilson & Co. v. StarkMissouri Court of Appeals · 1891
- Turner v. ButlerMissouri Court of Appeals · 1896