Harvie v. Turner
Supreme Court of Missouri
Appeal from Fourth District Court, I. The previous judgment ivas admissible, though not between the same parties on thejecord. The rule which renders a prior judgment conclusive on the parties thereto, is not restricted to those who bear that relation on the record; but it includes all who have an interest in the subject-matter of .the suit, and a right to make a defense or control the proceedings. (State, to -use of Hempstead, v. Coste et al., 86 Mo. 487 ; 1 Greenl.
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Appeal from Fourth District Court, I. The previous judgment ivas admissible, though not between the same parties on thejecord. The rule which renders a prior judgment conclusive on the parties thereto, is not restricted to those who bear that relation on the record; but it includes all who have an interest in the subject-matter of .the suit, and a right to make a defense or control the proceedings. (State, to -use of Hempstead, v. Coste et al., 86 Mo. 487 ; 1 Greenl. Ev., § 528 ; Castle v. Noyes, 14 N. Y. 329.) II. Tenants are privies in law. (1 Greenl. Ev., § 189 ; Castle v. Noyes, supra.)…
1Opinion of the CourtOureieR, Judge
This is a proceeding under the statute in relation to forcible entries and detainers, and was commenced in July, 1867. The plaintiff alleges that he was in peaceable possession of the southeast quarter of section five, township fifty-four, range twenty, on the 20th day of December, 1866, and that the defendant on that day forcibly entered and took possession of the premises.
At the trial, the plaintiff having given evidence tending to prove the existence of these facts, the defendant offered to read in evidence the record of the proceedings and judgment in a prior forcible entry and detainer…
2Cases cited2 opinions
- Krevet v. MeyerSupreme Court of Missouri · 1856
- Beeler v. CardwellSupreme Court of Missouri · 1859
3Cited by5 opinions
- Silvey v. SummerSupreme Court of Missouri · 1875
- McHenry v. HubbardSupreme Court of Kansas · 1943
- Boyd v. WallaceNorth Dakota Supreme Court · 1900
- Dale v. DoddridgeNebraska Supreme Court · 1879
- Jenkins v. JeffreyWyoming Supreme Court · 1892