Legal Opinion · Dissent

Tatlow v. Crawford

Missouri Court of Appeals

Decided March 20, 1915Published

Appeal from Greene County Circuit Court. — Hon. Guy D. Kirby, Judge. (1) Plaintiff claims that the judgment, against T. A. Miller rendered in 1897, was in aid of the judgment sued on, because he says it was on the appeal bond in that case. It is elementary law that a payment of either one of these judgments satisfies the other. 23 Cyc. Law & Pro., 1493; Freeman on Judgments (2 Ed.), 467; 17 Am. & Eng.

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Appeal from Greene County Circuit Court. — Hon. Guy D. Kirby, Judge. (1) Plaintiff claims that the judgment, against T. A. Miller rendered in 1897, was in aid of the judgment sued on, because he says it was on the appeal bond in that case. It is elementary law that a payment of either one of these judgments satisfies the other. 23 Cyc. Law & Pro., 1493; Freeman on Judgments (2 Ed.), 467; 17 Am. & Eng. Ency. of Law (2 Ed.), 863; Weston v. Clark, 37 Mo. 568, 573. (2) Our present statute enacted in 1895, provides that every judgment shall be presumed to be paid after the expiration of ten years…

1Dissent

DISSENTING OPINION.

STURGIS, J.

I dissent from paragraph “C” of the opinion and hold that instruction numbered three, asked by defendant, declaring the effect of the release in full of the judgment against Miller on the judgment, sued on here and placing on plaintiff the burden of proving that such judgment has not been paid in full, should have been given. I do not concur in holding that defendant so effectively discharged this burden as to take that question from the jury. The entry of full satisfaction was not contemporaneous with the payment of the $1200 testified to by Miller, but was of a…

2Cases cited9 opinions

  1. Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
  2. Rothrock v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1898
  3. Baker v. StonebrakerSupreme Court of Missouri · 1865
  4. McFaul v. HaleySupreme Court of Missouri · 1901
  5. Neal v. HandleyIllinois Supreme Court · 1886

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