Lincoln Trust Co. v. Nathan
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. The plea of res adjudicata applies, except in special cases, not only to points upon which the court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties, exercising reasonable diligence, might have brought forward at the time.
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Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. The plea of res adjudicata applies, except in special cases, not only to points upon which the court was actually required by the parties to form an opinion and pronounce a judgment, but to every point which properly belonged to the subject of litigation, and which the parties, exercising reasonable diligence, might have brought forward at the time. Henderson v. Henderson, 3 1-Iare loc. cit. 134; Railroad v. Levi, 17 Mo. App 501; Shelbina Hotel Assn. v. Parker, 58 Mo. 327; Railroad v. Traube, 59 Mo. 355; Comstock v. Davis,…
1Opinion of the Court
BLAND, P. J..Fred C., Joseph J., and Otto L. Mersman were trustees under their father’s will, and as such were seized in fee of a lot of ground with a four-story, stone-front, brick building thereon, in block 94, city of St. Louis, Missouri, and known as Nos. 814, and 816 North Broadway. On December 29, 1892, these trustees leased said premises, in writing, for a term of ten years (expiring December 31,1902) to Henry J. and Isaac Nathan at a rental of six hundred dollars per month, payable monthly in advance. The Nathans were given the privilege of assigning the lease, they, however, to…
2Cases cited17 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Atchison, Topeka & Santa Fe Rld. v. Comm'rs of Jefferson Co.Supreme Court of Kansas · 1873
- Donnell v. WrightSupreme Court of Missouri · 1899
- State ex inf. Crow v. FlemingSupreme Court of Missouri · 1898
- Garrett v. GreenwellSupreme Court of Missouri · 1887
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3Cited by1 opinion
- Producers Packing Co. v. FischerMissouri Court of Appeals · 1926