Legal Opinion

State Ex Rel. Dolman v. Dickey.

Supreme Court of Missouri

Decided May 26, 1921PublishedCited by 9 opinions

Cross-Appeals from Buchanan Circuit Court. — Hon. Thomas B. Allen, Judge. (1) The constitutionality of Section' 8840, R. S. 1909, as construed by this court in its opinion of the first appeal of this case, was not raised or passed upon in that case and therefore, upon that,question, the decision of this court therein does not operate as an estoppel. State ex rel.

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Cross-Appeals from Buchanan Circuit Court. — Hon. Thomas B. Allen, Judge. (1) The constitutionality of Section' 8840, R. S. 1909, as construed by this court in its opinion of the first appeal of this case, was not raised or passed upon in that case and therefore, upon that,question, the decision of this court therein does not operate as an estoppel. State ex rel. St. Joseph Water Co. v. East in, 213 S. W. 59. (a) While in the absence of cogent'or convincing reasons shown this court on a second appeal will not open up and reconsider questions adjudicated upon a former appeal, yet where such…

1Opinion of the Court

On November 8, 1916, relator filed, in the Circuit Court of Buchanan County, Missouri, a petition for mandamus to compel respondents to issue and deliver to him certain tax bills, to pay for the construction of pavement on a street in St. Joseph, Missouri, a city of the first class. The relator is the assignee of the Standard Construction Company, the contractor in performance of the work. Respondents made return and the circuit court aforesaid, after hearing the evidence, foundStatement. the issues in favor of relator and granted a peremptory writ. Said defendants, in due time, appealed the…

2Cases cited23 opinions

  1. Harding v. BedollSupreme Court of Missouri · 1907
  2. Keeler v. CliffordIllinois Supreme Court · 1897
  3. Barlow Manufacturing Co. v. StoneMassachusetts Supreme Judicial Court · 1908
  4. Blanchard v. DormanSupreme Court of Missouri · 1911
  5. Hays v. FoosSupreme Court of Missouri · 1909

18 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Blue Valley Creamery Co. v. Consolidated Products Co.Court of Appeals for the Eighth Circuit · 1936
  2. Brooks v. KunzMissouri Court of Appeals · 1982
  3. Denny v. GuytonSupreme Court of Missouri · 1932
  4. Swinney v. Continental Building Co.Supreme Court of Missouri · 1937
  5. State v. BairdSupreme Court of Missouri · 1923

4 more not listed; retrieve them via the Exa API.

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