Grumley v. Webb, 48 Mo. 562 (1871)

Citation: Grumley v. Webb, 48 Mo. 562 (1871)
Parent Document: Grumley v. Webb, 48 Mo. 562 (1871)
Jurisdiction: Missouri (state)
Effective Date: 1871-10-15
Original Source: https://www.courtlistener.com/opinion/8046745/grumley-v-webb/ ↗

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■ The two suits pending at the date of the •settlement' related to the.same piece of.property, and were so connected that the mention of one of them would naturally suggest the- other. Neither could have been overlooked or forgotten in the settlement. Suppose the parties took both suits into consideration, and that they intended to settle both, what papers would have been appropriate to that end ? In one a judgment had been rendered therefore a. discharge of-record was necessary in order to clear the records of the judgment lien ; in -the other no judgment had been rendered, therefore a mere dismissal was all that was necessary to clear the records of the court. But the dismissal did not discharge the cause-of-action; therefore a third-party was necessary in order to extinguish that.

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