City of Springfield v. Plummer
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. James Tilford Neville, Judge. STATEMENT OE THE CASE. Omitting caption, the petition is as follows: “Comes now the plaintiff, the city of Springfield, and for its second amended petition herein, avers that the city of Springfield is a municipal corporation organized and existing under the laws of the State of Missouri as a city of the third class.
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Appeal from Greene Circuit Court. — Hon. James Tilford Neville, Judge. STATEMENT OE THE CASE. Omitting caption, the petition is as follows: “Comes now the plaintiff, the city of Springfield, and for its second amended petition herein, avers that the city of Springfield is a municipal corporation organized and existing under the laws of the State of Missouri as a city of the third class. “Plaintiff states that the defendant, Cooper Bros., is a co-partnership, composed of George Cooper and Harry Cooper, doing business under the firm name of Cooper Bros. “Plaintiff states that prior to the first…
1Opinion of the CourtBland, P. J.
The theory of law upon which the court sustained the demurrer, if correctly assumed by respondents in their brief, was that the Scott judgment rendered by the Polk Circuit Court against the City of Springfield, is res judicata as between appellant and respondent, both being parties to this suit, which resulted in the judgment in favor of Plummer and against appellant. If they were adversary parties, as they are assumed to have been by the respondent, then that the judgment would be a complete and effectual bar to appellant’s right to recover in this action admits of no doubt, irrespective of…
2Cases cited17 opinions
- Hughes v. United StatesSupreme Court of the United States · 1866
- Kansas City, Memphis & Birmingham Railroad v. Southern Railway News Co.Supreme Court of Missouri · 1899
- McMahan v. GeigerSupreme Court of Missouri · 1880
- Martin v. EvansCourt of Appeals of Maryland · 1897
- State Bank v. BartleSupreme Court of Missouri · 1893
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3Cited by10 opinions
- Womach v. City of St. JosephSupreme Court of Missouri · 1907
- Missouri, Kansas & Texas Railway Co. v. American Surety Co.Supreme Court of Missouri · 1921
- Scheer v. Trust Co. of St. Louis CountySupreme Court of Missouri · 1932
- Atchison, T. & S. F. Ry. C. v. A. B. C. Fireproof Warehouse Co.Court of Appeals for the Eighth Circuit · 1936
- A. B. C. Fireproof Warehouse Co. v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1941
5 more not listed; retrieve them via the Exa API.