Scott v. Parkview Realty & Improvement Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinney, Judge. (1) “In order that a decision may operate as an estoppel on a subsequent appeal of the same case the question must have been fairly presented to the court as necessary to a decision in the case and directly considered and decided.
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Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinney, Judge. (1) “In order that a decision may operate as an estoppel on a subsequent appeal of the same case the question must have been fairly presented to the court as necessary to a decision in the case and directly considered and decided. Parties should not be concluded upon questions that are decided upon mere implications arising from the general disposition of the case or those which were merely collateral to the matter actually considered.” Gwin v. Wagoner, 116 Mo. 151; Abies v. Ackley, 133' Mo. App>. 600 ; Gannon v.…
1Opinion of the Court
WILLIAMS, C.
Trial was had in the circuit court of the county of St. Louis, before a jury, resulting in a verdict and judgment in favor of plaintiffs' upon the third count of their petition in the sum of $116,381.35'. The case was tried upon the issues raised by the first and third counts of plaintiffs ’ petition, defendant’s second amended answer and plaintiffs’ reply. This is the second appeal in the case. The opinion upon the first appeal was rendered by Court in Banc and is reported in 241 Missouri at page 112. The pleadings upon the part of the plaintiffs are the •same as they were upon…
Also in this document: Per curiam.
2Cases cited6 opinions
- Rude v. MitchellSupreme Court of Missouri · 1888
- Scott v. Parkview Realty & Improvement Co.Supreme Court of Missouri · 1912
- Deardorff v. EverharttSupreme Court of Missouri · 1881
- Bagnell Timber Co. v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1912
- Redman v. AdamsSupreme Court of Missouri · 1901
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3Cited by4 opinions
- Poe v. Illinois Cent. Railroad Co.Supreme Court of Missouri · 1936
- Scott v. BartonSupreme Court of Missouri · 1920
- Barrett v. Stoddard CountySupreme Court of Missouri · 1917
- Scott v. LuehrmannSupreme Court of Missouri · 1919