Wilcox v. Phillips
Supreme Court of Missouri
Appeal from Putnam Circuit Court. — Hon. George W. Wcmamaher, Judge. (1) "Where by inadvertence principles of law have been incorrectly declared on the first appeal, or where later decisions have otherwise and correctly declared the law, this court will re-examine and correct its errors on the second appeal in the same case.
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Appeal from Putnam Circuit Court. — Hon. George W. Wcmamaher, Judge. (1) "Where by inadvertence principles of law have been incorrectly declared on the first appeal, or where later decisions have otherwise and correctly declared the law, this court will re-examine and correct its errors on the second appeal in the same case. Mangold v. Bacon, 237 Mo. 496; Timber Co. v. Railroad, 242 Mo. 11. (2) This court will review its own decisions on second appeal, where no hardship would result to innocent parties. The appellate courts are always open, even upon the second appeal, for the correction of…
1Opinion of the CourtLamm, J.
— Plaintiffs sued defendants, Phillips and Reed, in the Sullivan Circuit Court in 1902 in straight ejectment for 120 acres of land situate in that county, to-wit, the south half of northwest quarter, and the northeast quarter of the southwest quarter, section 3, township 63, range 18. Reed and Phillips held a warranty deed from Campbell and Campbell. The latter, on motion, were permitted to come in as codefendants, because in privity with Phillips and Reed as warrantors of their title, and filed answer, thereby making denials, but admitting the possession of Reed and Phillips. Reed and…
2Cases cited18 opinions
- Bertholf v. . O'ReillyNew York Court of Appeals · 1878
- Davis v. OwnsbySupreme Court of Missouri · 1851
- Vance v. CorriganSupreme Court of Missouri · 1883
- Maupin v. EmmonsSupreme Court of Missouri · 1871
- Pocoke v. PetersonSupreme Court of Missouri · 1914
13 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. JonesSupreme Court of Missouri · 1924
- Byrne Realty Co. v. South Florida Farms Co.Supreme Court of Florida · 1921
- State ex rel. Anderson Motor Service Co. v. Public Service CommissionMissouri Court of Appeals · 1939
- Creason v. HardingSupreme Court of Missouri · 1939
- Falvey v. HicksSupreme Court of Missouri · 1926
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