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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. . A motion far & rehearing was filed , in this cas.e and has been overruled ,by. a majority of the court.. As reasons for that action *605it is again reiterated that the case is essentially different from what it was when the record was in this court before, and that new and important evidence has developed the fact and made it perfectly clear that the settlement entered into between Grumley and Webb, by which the former received $6,500 for his judgment, was a final adjustment of everything between the parties, and effectually precludes Grumley from the further prosecution of this suit. But this assumption rests on mere assertion. A few detached and fragmentary sentences are wrested from the context in the evidence, and, thus contorted, are sought to uphold and sustain this view. As stated in the previous dissenting opinion in this case, I claim that all the material evidence is substantially the same in both cases. It would be a just and legitimate mode, in the determination "of a controversy like this, for those who assert the existence of certain facts to show those facts by the record; but such a course has not been pursued, and I apprehend if it had been attempted it would have proved a sheer .failure. The facts mainly hinge upon the testimony of two witnesses, Krum and Broadhead. ■ They were the attorneys, and it was principally through their instrumentality that the compromise in reference to the first judgment was brought' about. Grumley, it may be said, is an interested party, and his evidence may be regarded only so far as it is borne out and corroborated by the surrounding facts and circumstances. As for Webb, his course and conduct in this whole matter has been such as to show that he is utterly unworthy of credit.

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