Bealey v. Smith
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. (1) The identical question whether the court should instruct the jury to find against appellant on this- counterclaim was before this court on a former appeal and decided in favor of this appellant. That decision settles the question, and the circuit court had no right to ignore it. This question ,is res adjudicaba. Forester v. Railroad, 26 Mo. App. 122; Revis v. Railroad, 30 Mo. App. 564; McKinney v. Harral, 36 Mo.
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Transferred from Kansas City Court of Appeals. (1) The identical question whether the court should instruct the jury to find against appellant on this- counterclaim was before this court on a former appeal and decided in favor of this appellant. That decision settles the question, and the circuit court had no right to ignore it. This question ,is res adjudicaba. Forester v. Railroad, 26 Mo. App. 122; Revis v. Railroad, 30 Mo. App. 564; McKinney v. Harral, 36 Mo. App. 338; The S. W. L. & Z. Co. v. Ins. Co., 41 Mo. App. 406; Crumley v. Webb, 48 Mo. 562; Rank v. Taylor, 62 Mo. 338; Adair County…
1Opinion of the CourtMarshall, J.
This cause was certified to this court by the Kansas City Court of Appeals, because one of the judges of that court was of opinion that the decision of that court in this case is in conflict with the decision of this court in Kelly v. Thuey, 143 Mo. l. c. 437-8;
Under section 6 of the amendment of 1884 to article 6 of the Constitution, it is the duty of this court, under such circumstances, to “rehear and determine said cause or proceeding as in case of jurisdiction obtained by ordinary appellate process.”
The case is this: Norton Blake formerly lived in Buchanan county. He died at the…
2Cases cited12 opinions
- Winkler v. LietmanSupreme Court of Missouri · 1899
- Hennessy v. Bavarian Brewing Co.Supreme Court of Missouri · 1898
- Kiley v. City of KansasSupreme Court of Missouri · 1885
- Eans' Administrator v. EansSupreme Court of Missouri · 1883
- Kiley v. City of KansasSupreme Court of Missouri · 1878
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3Cited by15 opinions
- Southwestern Bell Yellow Pages, Inc. v. Director of RevenueSupreme Court of Missouri · 2002
- Denny v. GuytonSupreme Court of Missouri · 1932
- O'Connor v. RootSupreme Court of Iowa · 1906
- Nelson v. TrollMissouri Court of Appeals · 1913
- State ex rel. Funkhouser v. SpencerSupreme Court of Missouri · 1901
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