State ex rel. Ingram v. Morton
Supreme Court of Missouri
Error to St. Louis Circuit Court. 1. The judgment in the former suit is only prima facie evidence that the cause of action sued upon in this suit was passed upon in that; and this presumption may be rebutted by parol evidence, even if the breaches in the two suits were identical, and though the declaration in the former suit is broad enough to cover the subject matter sued for in this. Phillips’ Ev. Cowen & Hill’s notes, 838. Jackson v. Wood, 8 Wend. Rep. 24, 25. 2 Johns.
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Error to St. Louis Circuit Court. 1. The judgment in the former suit is only prima facie evidence that the cause of action sued upon in this suit was passed upon in that; and this presumption may be rebutted by parol evidence, even if the breaches in the two suits were identical, and though the declaration in the former suit is broad enough to cover the subject matter sued for in this. Phillips’ Ev. Cowen & Hill’s notes, 838. Jackson v. Wood, 8 Wend. Rep. 24, 25. 2 Johns. Rep. 227. 16 ib. 136. Perkins v. Walker, 19 Vt. Rep. 149. 4 T. R. 146. Seddon v. Tutop, 6 T. R. 607. Bridge v. Gray, 14…
1Opinion of the Court
RyuaND, Judge,'
delivered the opinion of the court.
Prior to the 18th of September, 1828, Arthur Ingram and Henry Reilly were partners, doing business in the city of St. *55Louis. Ingram died a short time before that date, and Ms brother, Thomas Ingram, on that day took out letters of administration on said estate, and gaye bond in the sum of $40,000, with Robert Rankin, Joseph C. Laveille and George Morton as securities, conditioned that said administrator should make a true inventory of the property of the deceased which should come to his knowledge or into his possession, and that he should…
2Cases cited5 opinions
- Phillips v. BericicNew York Supreme Court · 1819
- Pinney v. BarnesSupreme Court of Connecticut · 1845
- Bell v. HoaglandSupreme Court of Missouri · 1852
- Perkins v. WalkerSupreme Court of Vermont · 1847
- Brown v. King & FisherSupreme Court of Missouri · 1846
3Cited by10 opinions
- State ex rel. Midgett v. MatsonSupreme Court of Missouri · 1869
- Whitaker v. Johnson CountySupreme Court of Iowa · 1861
- Hull v. LyonSupreme Court of Missouri · 1858
- Boston & Maine Railroad v. StateSupreme Court of New Hampshire · 1910
- Funkhouser v. HowSupreme Court of Missouri · 1856
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