Haughawout v. Royse
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Bon. Howard Gray, Judge. (1) Where a party successfully maintains a position in a legal proceeding, he cannot afterwards in a proceeding involving the same subject-matter and the same adversary maintain a contrary or inconsistent position.
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Appeal from Jasper Circuit Court. — Bon. Howard Gray, Judge. (1) Where a party successfully maintains a position in a legal proceeding, he cannot afterwards in a proceeding involving the same subject-matter and the same adversary maintain a contrary or inconsistent position. Bensieck v. Cook, 110 Mo. 182; McClannahan v. West, 100 Mo. 309; Smiley v. Cockrell, 92 Mo. 105; Brown v. Bowen, 90 Mo. 182; Potter v. Adams, 24 Mo. 159; Welch v. Dameron, 47 Mo., App. 221; Wills v. Kane (Pa.), 2 Grant. Cases, 60; Phinney v. Earl, 9 Johns. 352; Buckleschaus v. Oehme, 48 N. J. Eq. 436; Michales v. Omstead,…
1Opinion of the CourtEllison, J.
This is an action for damages which a.re alleged to have resulted to the plaintiffs by reason of the following* matters as set forth in their petition. They allege that they were the OAvners of a set of abstract books and furniture in an abstract office, subject to two chattel mortgages. That the books Avere in possession of defendant and that it was agreed between them that if plaintiffs would pay and discharge the mortgages, de*75fendant would deliver up to them the abstract books, etc. That plaintiffs paid the mortgages as agreed, but defendant only delivered up a portion of the books and…
2Cases cited8 opinions
- Bensieck v. CookSupreme Court of Missouri · 1892
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Wabash Railroad v. MirrieleesSupreme Court of Missouri · 1904
- Michels v. OlmsteadSupreme Court of the United States · 1895
- Paquin v. MillikenSupreme Court of Missouri · 1901
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3Cited by1 opinion
- Johnson v. Corley's AdministratrixMissouri Court of Appeals · 1913