State ex rel. Buchanan County v. Patton
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. W. C. Ellison, Special Judge. (1) The judgment rendered in the former suit between the same parties was a complete bar and estoppel to a subsequent litigation of the same question in this case; and the court erred in refusing to apply the doctrines of res adjudicata and estoppel by judgment. Turnverein v. Hagerman, 232 Mo. 693; Driving Park v. Kansas City, 174 Mo. 425; LaRue v. Kempf, 186 Mo.
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Appeal from Buchanan Circuit Court. — Hon. W. C. Ellison, Special Judge. (1) The judgment rendered in the former suit between the same parties was a complete bar and estoppel to a subsequent litigation of the same question in this case; and the court erred in refusing to apply the doctrines of res adjudicata and estoppel by judgment. Turnverein v. Hagerman, 232 Mo. 693; Driving Park v. Kansas City, 174 Mo. 425; LaRue v. Kempf, 186 Mo. App. 57; New Orleans v. Bank, 167 U. S. 371; Baldwin v. Maryland, 179 U. S. 220; Beloit v. Morgan, 7 Wall. 619; Black on Judgments (2 Ed.), p. 764, par. 504.…
1Opinion of the Court
WHITE, C.
The suit is brought against the defendant Ambrose Patton, as clerk of the circuit and criminal courts of Buchanan County, Missouri, and his sureties on his official bond, to recover moneys collected by him in his official capacity and retained, it is claimed, in excess of the compensation allowed him by law.
The petition was in four counts, one covering fees collected and retained for the year 1907, one for such fees retained for the year 1908, one for the year 1909, and one for the year 1910.
At the January Term, 1914, of the Buchanan Circuit Court there was a judgment for the…
2Cases cited6 opinions
- Louisville, New Albany & Chicago Railway Co. v. CarsonIllinois Supreme Court · 1897
- Southern Minnesota Railway Extension Co. v. St. Paul & S. C. R.Court of Appeals for the Eighth Circuit · 1893
- Young v. ByrdSupreme Court of Missouri · 1894
- Nave v. AdamsSupreme Court of Missouri · 1891
- Rankin v. City of Big RapidsCourt of Appeals for the Sixth Circuit · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
- Abeles v. WurdackSupreme Court of Missouri · 1955
- Case v. SipesSupreme Court of Missouri · 1919
- In Re the Abatement of Additional Assessment of Income Tax by the State AuditorSupreme Court of Missouri · 1945
- Boillot v. Income Guaranty Co.Missouri Court of Appeals · 1937
6 more not listed; retrieve them via the Exa API.