Legal Opinion

Leimer v. Pacific Railroad

Supreme Court of Missouri

Decided October 15, 1857PublishedCited by 1 opinion

Appeal from Gasconade Circuit Court. The following is the petition in this canse : “ The plaintiff states that defendant owes him 11012.45 for provisions, boarding and lodging furnished for employees on said road; also for others, at the special instance and request of defendant; also for brandies, wines, hay, straw, ice, clothing, bedding, áttention to persons wounded on said road; also for work and labor done and performed for defendant; also for money paid out and…

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Appeal from Gasconade Circuit Court. The following is the petition in this canse : “ The plaintiff states that defendant owes him 11012.45 for provisions, boarding and lodging furnished for employees on said road; also for others, at the special instance and request of defendant; also for brandies, wines, hay, straw, ice, clothing, bedding, áttention to persons wounded on said road; also for work and labor done and performed for defendant; also for money paid out and expended for defendant, all at the special instance and request of defendant; the particulars of all which, and also the…

1Opinion of the CourtScott, Judge

As the court below sustained the demurrer to part only of the plaintiff’s petition, the only course left to him, in order to take the opinion of this court on the correctness of the action of the circuit court, was to submit to a nonsuit and bring the case here. If the nonsuit had not been taken, there would have been still an action pending in the court below, which would have restrained this court from entertaining an appeal or writ of error, as the plaintiff could not have appealed a part of his cause whilst another part was undetermined. Had the plaintiff gone on with so much of his…

2Cases cited1 opinion

  1. Brown v. King & FisherSupreme Court of Missouri · 1846

3Cited by1 opinion

  1. International Harvester Co. v. McLaughlinMissouri Court of Appeals · 1932

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