Glasner v. Weisberg
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. W. Henry, Judge. (1) An order of judgment of a court is res adjudicata only when it is final and rendered on the merits of the case. An interlocutory order cannot be. Herman on Estoppel, sec. 47, p. 38; Freeman on Judgments [ 2 Ed.] secs. 251, 260 ; Carrett r.
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Appeal from the Jackson Circuit Court. — Hon. J. W. Henry, Judge. (1) An order of judgment of a court is res adjudicata only when it is final and rendered on the merits of the case. An interlocutory order cannot be. Herman on Estoppel, sec. 47, p. 38; Freeman on Judgments [ 2 Ed.] secs. 251, 260 ; Carrett r. Oreemoell, 92 Mo. 120 ; Spradling v. Conway, 51 Mo. 51 ; Taylor v. Larkin, 12 Mo. 103 ; Bell v. Hoagland, 15 Mo. 360; Clemens «. Murphy, 40 Mo. 121; Wright v. Salisbury, 46 Mo. 26 ; Wells v. Moore, 49 Mo. 229 ; Hathaioay v. Fay, 40 Mo. 540. (2) Parol evidence is admissible to show whether…
1Opinion of the CourtSmith, P. J.
This action was brought by plaintiffs against the defendant before a justice of the peace to recover the possession of a certain storeroom and $8 per month rent. The plaintiff claimed that the said store was rented to defendant at $48 per month, and that only $40 per month had been paid. The case was removed by appeal to the circuit court where there was a trial which resulted in judgment for defendant and from which the plaintiffs appealed. The defense interposed at the trial was that of res a&judicata. Much evidence was adduced, but for the purpose of a correct understanding of the question…
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