City of Carthage ex rel. Cook v. Weesner
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. Joseph D. Perhins, Judge. (1) Relators were not parties to said case. Were they privies? We contend that they were not, and that said judgment does not effect them one way or another and their rights were not adjudicated thereby in and to these tax bills or as to the validity of them. 1 Herman on Estoppel and Res Adjudicata, p. 51, sec. 57; same p. 85, sec. 84; same p. 88, sec. 95; same p. 94, sec. 94; same p. 155, sec. 145; Hunt v.…
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Appeal from Jasper Circuit Court. — Eon. Joseph D. Perhins, Judge. (1) Relators were not parties to said case. Were they privies? We contend that they were not, and that said judgment does not effect them one way or another and their rights were not adjudicated thereby in and to these tax bills or as to the validity of them. 1 Herman on Estoppel and Res Adjudicata, p. 51, sec. 57; same p. 85, sec. 84; same p. 88, sec. 95; same p. 94, sec. 94; same p. 155, sec. 145; Hunt v. Haven, 52 N. H. 162; 21 Am. & Eng. Ency. Law, 139, par. 2, notes 7, 8 and 9; Black on Judgments, sec. 549; Calderwood v.…
1Opinion of the CourtEllison, J.
The relators instituted this action on two special taxbills against property owned by defendant in the city of Carthage. The judgment in the trial court was for the defendant. The bills in suit were cancelled by the judgment of a court of competent jurisdiction in a suit in equity brought by this defendant against the Central National Bank of Carthage, 106 Mo. App. 668. That judgment was pleaded as res adjudicate in this case. The plea was sustained. It appears that the taxbills were originally issued to relators for building a sewer in Carthage and that they assigned them as collateral…
2Cases cited7 opinions
- Litchfield v. Goodnow's AdministratorSupreme Court of the United States · 1887
- Stamp v. . FranklinNew York Court of Appeals · 1895
- Cooley v. WarrenSupreme Court of Missouri · 1873
- Cheney v. PattonIllinois Supreme Court · 1893
- Garretson v. Ferrall & Hawkins Bros.Supreme Court of Iowa · 1891
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3Cited by4 opinions
- Cressler v. BrownSupreme Court of Oklahoma · 1920
- Small v. Ciao Stables, Inc.Court of Appeals of Maryland · 1981
- Barnwell v. HansonCourt of Appeals of Georgia · 1950
- Cressler v. BrownSupreme Court of Oklahoma · 1920