Taylor v. Larkin
Supreme Court of Missouri
APPEAL FROM ST. GENEVIEVE CIRCUIT COURT. To reverse the judgment of the court below, the plaintiff in error relies upon the following points: That a judgment of a court having jurisdiction of the parties and the subject matter in controversy, is conclusive until reversed; and that evidence to show that the trial was not upon the merits is not admissible. 1 Phillips on Ev. 321; Bernard & Flanders, 12 Ver. Rep. 657 ; 9 Mo.
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APPEAL FROM ST. GENEVIEVE CIRCUIT COURT. To reverse the judgment of the court below, the plaintiff in error relies upon the following points: That a judgment of a court having jurisdiction of the parties and the subject matter in controversy, is conclusive until reversed; and that evidence to show that the trial was not upon the merits is not admissible. 1 Phillips on Ev. 321; Bernard & Flanders, 12 Ver. Rep. 657 ; 9 Mo. Rep. 792 j Callahan vs. Griswold, 1 Greenleaf, 596 note ; Pike vs. Hill, 15 Vermont 183. That if admitted in any case, the magistrate who rendered the judgment cannot be…
1Opinion of the Court
Scott, judge,
delivered the opinion of the court.
This was a suit by petition in debt on three promissory notes, executed by Taylor to Morris Block, and by him assigned to the plaintiff. The notes were not negotiable. The defence was the plea of a former judgment for the defendant. Verdict and judgment for pleintiff.
Morris Block assigned the notes sued on in blank, and placed them in the hands of a justice of the peace, who brought two suits on them in the name of Thomas H. Larkin, assignee of Morris Block. The transcript of the justice states that the parties appeared and entered into trial,…
2Cases cited2 opinions
- Marguerite v. ChouteauSupreme Court of Missouri · 1828
- Wiggins v. Rector's ex'rSupreme Court of Missouri · 1824
3Cited by7 opinions
- Greenup v. CrooksIndiana Supreme Court · 1874
- Wilson Company v. Hartford Fire Insurance Co.Supreme Court of Missouri · 1923
- Baker v. LaneSupreme Court of Missouri · 1897
- Wing v. Union Central Life InsuranceMissouri Court of Appeals · 1912
- Hart v. Bank of CommerceNebraska Supreme Court · 1897
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