City of Kansas City v. Union Pac. R.
Court of Appeals for the Eighth Circuit
• Appeal from the Circuit Court of the United States for the District of Kansas. . Suit by the City of Kansas City, Kan., and others against the Union Pacific Railroad Company. To set aside a judgment recovered by default.
1Opinion of the Court
PIOOK, Circuit Judge.
The question in this case is whether the city of Kansas City, Kan., and the city clerk were prevented by accident from defending a suit brought by the railroad company in the-Circuit Court of the United States for the District of Kansas. Service in the suit was duly made on the mayor and clerk, but there was-no appearance or defense, and a decree was rendered by default. To show' accident, it is averred in the bill that many suits are instituted against the city, and that it was the custom of the mayor or other official to deliver or send the subpoenas or summonses served…
2Cases cited6 opinions
- Embry v. PalmerSupreme Court of the United States · 1883
- North Chicago Rolling Mill Co. v. St. Louis Ore & Steel Co.Supreme Court of the United States · 1894
- Knox County v. HarshmanSupreme Court of the United States · 1890
- Hendrickson v. HinckleySupreme Court of the United States · 1855
- Crim v. HandleySupreme Court of the United States · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Interurban General Contracting Co. v. United States ex rel. Victoria White Granite Co.District Court, D. Massachusetts · 1916