Legal Opinion

Glenn v. Priest

U.S. Circuit Court for the District of Eastern Missouri

Decided October 7, 1891PublishedCited by 4 opinions

In Equity. Suit to recover the second assessment upon the stock of the National Express & Transportation Company. As to the suits for the first assessment, see 23 Fed. Rep. 695, and 24 Fed. Rep. 536. On motion for new trial.

1Opinion of the CourtThayee, J.

Two questions are presented by the motions for new trial which have been filed in these cases. In the case against Priest as executor of Taylor it is insisted that the judgment rendered by this court on March 12, 1884, in the suit to recover the first assessment on decedent’s stock, should have been admitted in evidence as a bar to the suit on the second assessment, although it was not specially pleaded. I am satisfied, after an examination of the authorities cited, that the position taken is untenable. Before the adoption of the Code of Procedure it was the practice in this state, as well as…

2Cases cited9 opinions

  1. Hawkins v. GlennSupreme Court of the United States · 1889
  2. Glenn v. LiggettSupreme Court of the United States · 1890
  3. Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
  4. Musser v. AdlerSupreme Court of Missouri · 1885
  5. Hamilton v. GlennSupreme Court of Virginia · 1889

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Hawkins v. DonnerbergOregon Supreme Court · 1901
  2. Bonanza Consolidated Mining Co. v. Golden Head Mining Co.Utah Supreme Court · 1905
  3. In re: Jose Hernandez Amador; Elsa Coca Mir Correa v. Banco Santander Puerto RicoUnited States Bankruptcy Court, D. Puerto Rico · 2009
  4. Napleton Orlando Imports, LLC v. Volkswagen Group of America, Inc.District Court, N.D. California · 2019

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