Keaton v. Jorndt
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Ron. W. 8. G. Walker, Judge. (1) The first question that presents itself on this appeal is, whether the former decision of this court is res adjudicata, and therefore binding upon the court in the present appeal, as contended by the defendants. The rule of law is that questions of law determined on a former appeal are concluded only when considered thereafter with reference to the same state of facts.
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Appeal from Butler Circuit Court. — Ron. W. 8. G. Walker, Judge. (1) The first question that presents itself on this appeal is, whether the former decision of this court is res adjudicata, and therefore binding upon the court in the present appeal, as contended by the defendants. The rule of law is that questions of law determined on a former appeal are concluded only when considered thereafter with reference to the same state of facts. If the essential evidence is thereafter supplied upon a new trial, and a new state of facts appear, the prior ruling is by no means conclusive. Rutledge v.…
1Opinion of the CourtFaris, J.
This is an action to determine interest under the provisions of section 650, Revised Statutes 1899 (now section 2535, Revised Statutes 1909), in the following described land situated in Stoddard county, Missouri, to-wit: The northeast quarter, the east half of the southeast quarter, the east half of the northwest quarter, and the east half of the southwest quarter of the southeast quarter, of section 4, in township 23, range 12 east.
This is the second appeal to' this court in this case. A full report of all the facts, so far as it is necessary to consider them here, will be found in 220 *186Mo.…
2Cases cited36 opinions
- Chouteau v. AllenSupreme Court of Missouri · 1879
- Vance v. CorriganSupreme Court of Missouri · 1883
- Shroyer v. NickellSupreme Court of Missouri · 1874
- Stump v. HornbackSupreme Court of Missouri · 1891
- Payne v. LottSupreme Court of Missouri · 1886
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3Cited by23 opinions
- Wiggins v. PerrySupreme Court of Missouri · 1938
- State Ex Rel. McGrew Coal Co. v. RaglandSupreme Court of Missouri · 1936
- Denny v. GuytonSupreme Court of Missouri · 1932
- Feinstein v. McGuireSupreme Court of Missouri · 1958
- Bushman v. BarlowSupreme Court of Missouri · 1929
18 more not listed; retrieve them via the Exa API.