St. Charles Savings Bank v. Thompson
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Son. J. Sugo Grimm, Judge. (1) The judgment holding the matter in controversy to be a thing adjudicated in a former suit between the same parties is patent reversible error, because it plainly appears there had never been any judgment on the merits of the controversy between the parties.
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Appeal from St. Louis City Circuit Court. — Son. J. Sugo Grimm, Judge. (1) The judgment holding the matter in controversy to be a thing adjudicated in a former suit between the same parties is patent reversible error, because it plainly appears there had never been any judgment on the merits of the controversy between the parties. All that appears in fact is that in a former suit upon demurrer to plaintiff’s petition the court had entered an order sustaining the demurrer upon the ground that the petition failed to state a cause of action and because on the face of the petition the cause of…
1Opinion of the CourtWalker, J.
In a suit on a demand note and contract brought in the Circuit Court of St. Louis there was a judgment for the defendant and plaintiff appealed. The note and contract are as follows:
“$20,000.00. St. Charles, Mo., January 2, 1901.
“On demand I promise to pay to the order of the St. Charles Savings Bank twenty thousand dollars for value received, at the St. Charles Savings Bank, with interest from maturity at the rate of 8 per cent per annum.
“J. W- Thompson.
“St. Charles, Mo., January 2,-1901.
“"Whereas, the undersigned executed and delivered to the St. Charles Savings Bank the above promissory…
2Cases cited18 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Liese v. MeyerSupreme Court of Missouri · 1898
- Hartranft's EstateSupreme Court of Pennsylvania · 1893
- Long v. LongSupreme Court of Missouri · 1897
- Karnes v. American Fire InsuranceSupreme Court of Missouri · 1898
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3Cited by8 opinions
- Carter v. BurnsSupreme Court of Missouri · 1933
- Foster v. PettijohnSupreme Court of Missouri · 1948
- Drakopulos v. BiddleSupreme Court of Missouri · 1921
- State Ex Rel. Blackburn Motor Co. v. LitzingerMissouri Court of Appeals · 1967
- Kissane v. BrewerMissouri Court of Appeals · 1921
3 more not listed; retrieve them via the Exa API.