Garrett v. Greenwell
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — How. Elijah Robiwsow, Judge. (1) The action of the court, in excluding from evidence or exhibition to the court the record of the judgment for appellant on the trial of the issue of attachment, was erroneous, because the facts involved in the attachment were fully tried before a jury and were finally settled.
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Appeal from Montgomery Circuit Court. — How. Elijah Robiwsow, Judge. (1) The action of the court, in excluding from evidence or exhibition to the court the record of the judgment for appellant on the trial of the issue of attachment, was erroneous, because the facts involved in the attachment were fully tried before a jury and were finally settled. Defendant made no effort to have said trial reviewed, as he might have done under section 439, Revised Statutes, 1879. These questions were res udjtidicata, and have been so expressly decided in . Stewart v. Nelson, 79 Mo. 522. And such is the law…
1Opinion of the CourtSherwood, J.
There are two counts in the petition; the first charges that Jolioh wilfully, maliciously and wantonly, intending to injure the plaintiff, set fire to and burned the plaintiff’s property, a threshing machine, belt and separator of the value, etc. The second count was of similar purport, double damages being asked under the provisions of section 3928, Revised Statutes, an affidavit and bond being filed with the petition, in conformity with that section, and the provisions of the attachment law. Jolioh, having died, his administrator was made party defendant, and on his plea in abatement a…
2Cases cited4 opinions
- Burgert v. BorchertSupreme Court of Missouri · 1875
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Whitsett v. RansomSupreme Court of Missouri · 1883
- Stewart v. NelsonSupreme Court of Missouri · 1883
3Cited by24 opinions
- State v. PrimmSupreme Court of Missouri · 1889
- Caruth v. RichesonSupreme Court of Missouri · 1888
- Reichenbach v. EllerbeSupreme Court of Missouri · 1893
- Woehler v. City of St. LouisSupreme Court of Missouri · 1938
- Adoption of McAvoy v. EkbergMissouri Court of Appeals · 1943
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