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Wagner v. Jacoby

Wagner v. Jacoby, 26 Mo. 532 (1858)
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Court
Supreme Court of Missouri · State Highest Courts
Decided
March 15, 1858
Judges
Other, Richardson
Citations
26 Mo. 532
Headnotes
1. Wagner v. Jacoby, ante, p. 530, affirmed. 2. A plaintiff having an entire demand growing out of a single transaction can not split it up into separate suits.
Summary
Appeal from Si. Louis Law Commissioner''s Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Richardson

Text extracted by OCR from a scanned original; check the original for exact wording.

Richardson, Judge,

delivered the opinion of the court.

This case is in all respects like the preceding case between the same parties, and for like reasons will be reversed and remanded.

The defendant has insisted in his argument that the account for which this action was brought is a part of the demand for the same job of work for which the other suit was *533 brought. That is a question on which we can not now pass; but if the fact be as alleged, the plaintiff can not recover, for a plaintiff having an entire demand growing out of a single transaction can not split it up into separate suits. (Smith v. Jones, 15 John. 229 ; Farrington v. Payne, id. 432; Willard v. Sperry, 16 John. 121 ; Phillips v. Benick, ib. 136.)

The judgment is reversed and the cause remanded;

the other judges concurring.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 15 cases

View all citing references →
1865–1866: 11875–1876: 11879–1880: 11881–1882: 11883–1884: 11885–1886: 11895–1896: 21897–1898: 11899–1900: 11907–1908: 21911–1912: 11921–1922: 11927–1928: 118652026peak 1895 · 2

Relies on it most ⓘ

  1. Union Railroad & Transportation Co. v. Traube59 Mo. 355 (1875)
  2. Donnell v. Wright49 S.W. 874 (Mo. 1899)
  3. Hoffmann v. Hoffmann's29 S.W. 603 (Mo. 1895)
  4. Wheeler Savings Bank v. Tracey42 S.W. 946 (Mo. 1897)
  5. Bircher v. Boemler103 S.W. 40 (Mo. 1907)
  6. Puckett v. National Annuity Ass'n114 S.W. 1039 (Mo. Ct. App. 1908)

Most recent

  1. Atoka Milling Co. v. Groomer1928 OK 347, 268 P. 208
  2. See v. See242 S.W. 949 (Mo. 1922)
  3. Matthews v. Eby151 S.W. 470 (Mo. Ct. App. 1912)
  4. Puckett v. National Annuity Ass'n114 S.W. 1039 (Mo. Ct. App. 1908)
  5. Bircher v. Boemler103 S.W. 40 (Mo. 1907)
  6. Donnell v. Wright49 S.W. 874 (Mo. 1899)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Smith v. Jones, 15 Johns. 229 (N.Y. Sup. Ct. 1818) 33
Willard v. Sperry, 16 Johns. 121 (N.Y. Sup. Ct. 1819) 13

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