affirmed rule (Missouri) · Go Syfert
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affirmed rule in Missouri

5 Missouri opinions name it 2 courts 1912–2025 2 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Anderson v. Dyergreen
moctapp · 1970 · cited in 1 Missouri opinions naming this issue, 2021–2021
1 sentence

2021Likewise, in Anderson v. Dyer, years after a final dissolution judgment had been rendered, the husband died, and the wife subsequently filed a motion to set aside the judgment for fraud. 456 S.W.2d 808, 810 (Mo. App. 1970).

11
Hemphill ex rel. Burns v. Quigggreen
mo · 1962 · cited in 1 Missouri opinions naming this issue, 2021–2021
1 sentence

2021This Court affirmed the principle in 1962, holding that “[a]n equity court has the power to vacate a decree of divorce for extrinsic fraud in the procurement of the 13 judgment . . . notwithstanding one of the parties has died[.] The divorce judgment in such cases is voidable.” Hemphill v. Quigg, 355 S.W.2d 57, 62-63 (Mo. 1962).

11
State v. Matheniagreen
mo · 1986 · cited in 1 Missouri opinions naming this issue, 1991–1991
1 sentence

1991In State v. Mathenia, 702 S.W.2d 840, 842 (Mo. banc 1986), cert. denied, 477 U.S. 909 , 106 S.Ct. 3286 , 91 L.Ed.2d 574 (1986) the court affirmed the rule that the state may not use post-arrest silence either as affirmative proof of defendant’s guilt or to impeach his testimony.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Frontier Airlines, Inc. v. State Tax Commission green
mo · 1975
1 sentence

2025Beger, Judge AFFIRMED The issue presented by this appeal is whether the State Tax Commission (the “STC”) misapplied the opinion by our high court, Frontier Airlines, Inc. v. State Tax Comm’n, 528 S.W.2d 943 (Mo. banc 1975), in assessing a leasehold interest The Doe Run Resources Corporation (“Doe Run”) maintains in certain real estate owned by the United States Bureau of Land Management (the “BLM”).

12025–2025
Fick v. DIRECTOR OF REVENUE, STATE green
mo · 2007
2 sentences

2009The court affirmed this rule in Fick v. Director of Revenue, 240 S.W.3d 688 (Mo. banc 2007).

2009The court affirmed this rule in Fick v. Director of Revenue, 240 S.W.3d 688 (Mo. banc 2007).

12009–2009
Ozark Lumber Co. v. Chicago Lumber Co. neutral
moctapp · 1892
1 sentence

1912In Ozark Lumber Co. v. Chicago Lumber Co., 51 Mo. App. 555 , the Kansas City Court of Appeals considered and applied the doctrine as a proper one to measure the damages in a case involving the sale of a carload of lumber, which, of course, is a staple article in the market, for it does not appear that the particular lumber was cut especially or manufactured for the vendee.

11912–1912

Where else courts name it

CA 13 (1901–2026) PA 9 (1956–2019) IN 9 (1892–2009) IL 9 (1870–2007) LA 8 (1910–2018) NM 7 (2003–2024) WA 7 (1931–2025) FL 7 (1933–2017) OH 6 (2007–2020) NC 5 (1915–2025) TX 5 (2009–2020) NY 5 (1852–2007) MO 5 (1912–2025) MT 5 (1928–2000) RI 4 (1987–2019) MI 4 (1970–1995) SD 4 (1929–2009) ME 4 (1979–2019) WI 4 (1980–2002) ID 3 (1912–2007) MA 3 (1993–1999) MS 3 (2002–2018) CT 3 (1995–2000) KS 3 (1896–1991) SC 3 (1995–2008) VT 3 (1970–2004) NJ 3 (1936–2024) MD 2 (1988–2011) UT 2 (1942–1987) OK 2 (1936–2003) IA 2 (2001–2019) MN 2 (1998–2019) ND 2 (1983–2020) NE 2 (1988–2001) GA 2 (1926–2005) OR 2 (1987–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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