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8 Missouri opinions name it 2 courts 1964–2008 0 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.
| Case | Followed | Cited |
|---|---|---|
Joel Bianco Kawasaki Plus v. Meramec Valley Bankgreen1 sentence2008Rule 55.32 serves to consolidate all logically related claims into a single case “through the penalty of precluding the later assertion of omitted claims.” Joel Bianco Kawasaki, 81 S.W.3d at 532 (internal quotation omitted) (emphasis in original). | 1 | 1 |
Deborah W. Kane and Andrew Kane v. Magna Mixer Company and Paul L. Kramergreen1 sentence2006But the pleader need not state the claim if: (1) at the time the action was commenced the claim was the subject of another pending action or (2) the opposing party brought suit upon the claim by attachment or other process by which the court did not acquire jurisdiction to render a personal judgment on that claim, and the pleader is not stating any counterclaim under this Rule 55.32." [3] The parties agree that the claims arise out of the same transaction or occurrence under Rule 55.32(a). [4] See, e.g., Kane v. Magna Mixer Co., 71 F.3d 555, 562 (6th Cir.1995) (holding that the filing of any c | 1 | 1 |
Safeway Stores, Inc. v. City of Raytowngreen1 sentence2006But the pleader need not state the claim if: (1) at the time the action was commenced the claim was the subject of another pending action or (2) the opposing party brought suit upon the claim by attachment or other process by which the court did not acquire jurisdiction to render a personal judgment on that claim, and the pleader is not stating any counterclaim under this Rule 55.32." [3] The parties agree that the claims arise out of the same transaction or occurrence under Rule 55.32(a). [4] See, e.g., Kane v. Magna Mixer Co., 71 F.3d 555, 562 (6th Cir.1995) (holding that the filing of any c | 1 | 1 |
Farrell v. Browngreen2 sentences1996See Farrell, 111 Idaho at 1031 , 729 P.2d at 1094 [4]. 1996See Farrell, 111 Idaho at 1031 , 729 P.2d at 1094 [4]. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cantrell v. City of Caruthersville
green
2 sentences1984Cantrell v. City of Caruthersville, 359 Mo. 282 , 221 S.W.2d 471 (1949), speaks most clearly in this regard. 1984Cantrell v. City of Caruthersville, 359 Mo. 282 , 221 S.W.2d 471 (1949), speaks most clearly in this regard. | 2 | 1984–1984 |
Myers v. Clayco State Bank
green
1 sentence1990The most instructive case on that question is Myers v. Clayco State Bank, 687 S.W,2d 256 (Mo.App.1985). | 1 | 1990–1990 |
State Ex Rel. Buchanan v. Jensen
green
2 sentences1965Buchanan v. Jensen, supra, this court considered Rule 55.45(a) and its application in a somewhat similar situation. 1965Buchanan v. Jensen, supra. Prior to the amendment of Rule 55.45, effective May 1, 1962, the rule started with the words, “A pleading shall state as a counterclaim any claim, not the subject of a pending action.” The 1962 amendment eliminated the words “not the subject of a pending action” and added an exception at the end of subsection (a). | 1 | 1965–1965 |
Keller v. Keklikian
green
2 sentences1964Keller v. Keklikian, supra, 362 Mo. at 927 , 244 S.W.2d at 1005 . 1964Keller v. Keklikian, supra, 362 Mo. at 927 , 244 S.W.2d at 1005 . | 1 | 1964–1964 |
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.