Tag Archives: Supreme Court of Missouri

Correction Deeds Discussed

Owner quitclaimed property to successor, filed plat, then recorded deed, and continued to convey interests in property. Statutes provides for correction deeds to cure defects in earlier instrument unless void. Statutes also provide for deeds’ admission into evidence, so circuit … Continue reading

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Dismissal Without Prejudice

Elements of both res judicata and collateral estoppel include a final judgment on the merits in an earlier action. That does not include “a docket entry [that] was not denominated as a judgment, and the court’s dismissal order [that] did … Continue reading

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Modification Affirmed

Statutes provide that circuit court may consider modification of custody on facts constituting substantial and continuing change of circumstances after previous decree, or unknown at previous ruling, and res judicata is no bar to facts not already litigated. Such circumstances … Continue reading

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Commercial Suspension Statutes Not Unconstitutional

Argument first raised at hearing constitutes an amendment to the pleadings and, if not objected-to, is tried by consent. Constitutional argument so raised at the first opportunity is preserved. Federal statute withholding money to coerce policy change may violate U.S. … Continue reading

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