Dent v. Hobson
Missouri Court of Appeals
Appeal from Dent County Circuit Court. — Hon. L. B. Woodside, Judge. The facts in this case do not constitute res adjudícala. Four conditions must concur to render a matter res adjudícala: 1. Identity of being sued for; 2. Identity of cause of action; 3. Identity of person; 4. Identity of quality in person, (a) There is no estoppel or res adjudicaba among codefendants unless they occupy adverse relations to each other. 24 Am. & Eng.
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Appeal from Dent County Circuit Court. — Hon. L. B. Woodside, Judge. The facts in this case do not constitute res adjudícala. Four conditions must concur to render a matter res adjudícala: 1. Identity of being sued for; 2. Identity of cause of action; 3. Identity of person; 4. Identity of quality in person, (a) There is no estoppel or res adjudicaba among codefendants unless they occupy adverse relations to each other. 24 Am. & Eng. Ency. of Law, page 732 (3); Peters v. St. Louis, 226 Mo. 62, 125 S. W. 1134; Comstock v. Keating, 115 Mo. App. 372, 91 S. W. 416; Charles v. White, 112 S. W. 545;…
1Opinion of the CourtRobertson, P. J.
From a judgment in behalf of defendant in an action for an alleged breach of covenant in a warranty deed from defendants to plaintiff, the plaintiff has appealed. The case of Fischer v. Dent, et al. (the defendants in the case at bar), 167 S. W. 977, decided by the Supreme Court, contains most of the facts material to a decision of this case. The alleged breach of the warranty involved in the present case applies solely to the strip of land two feet in width which was involved in the Fischer case. The plaintiff in the present case alleges the commencement of the Fischer suit, notice to the…
2Cases cited5 opinions
- Tebbetts v. RickartSupreme Court of Missouri · 1913
- Wolz v. VenardSupreme Court of Missouri · 1913
- Peters v. City of St. LouisSupreme Court of Missouri · 1910
- Fischer v. DentSupreme Court of Missouri · 1914
- Fiene v. KirchoffSupreme Court of Missouri · 1903
3Cited by2 opinions
- Arnett v. VentersMissouri Court of Appeals · 1984
- Dumais v. GagnonSupreme Judicial Court of Maine · 1981