Painter v. Colorado Springs & Cripple Creek District Railway Co.
Missouri Court of Appeals
Appeal from Montgomery Circuit Court.—Hon. James D. Barnett, Judge. (1) The question involved in this case being one of jurisdiction only, the record shows clearly the question to be decided, as the sheriff’s return is conclusive on both parties, and affidavits filed in support of defendants plea cannot be considered.
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Appeal from Montgomery Circuit Court.—Hon. James D. Barnett, Judge. (1) The question involved in this case being one of jurisdiction only, the record shows clearly the question to be decided, as the sheriff’s return is conclusive on both parties, and affidavits filed in support of defendants plea cannot be considered. Hollowell v. Page, 24 Mo. 1; Newcomb v. Railroad, 182 Mo. 704. (2) The return or the amended return of the sheriff, is in our opinion sustained by both this court and the Supreme Court. Supply Co. v. Cotton Oil Co., 103 Mo. App. 94. The courts of this State have no jurisdiction…
1Opinion of the CourtBland, P. J.
Plaintiff’s amended petition contains the following:
“Now comes the plaintiff in the above-entitled cause, leave of court first had and obtained, and files this.her first amended petition.
“Plaintiff states that the defendant is a corporation, duly and legally incorporated, and operates a railroad existing from Cripple Creek, Colorado, to or near Canon City in the State of Colorado, on which line of railroad there is a station of defendant called Midway; that defendant so owned and operated its said railroad on the ninth day of October, 1906, and at all times hereinafter stated in this…
2Cases cited4 opinions
- Conley v. Mathieson Alkali WorksSupreme Court of the United States · 1903
- United States v. American Bell Telephone Co.United States Circuit Court · 1886
- McNichol v. United States Mercantile Reporting AgencySupreme Court of Missouri · 1881
- Barber Asphalt Paving Co. v. MeserveyMissouri Court of Appeals · 1903
3Cited by9 opinions
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- Collar v. Peninsular Gas CompanySupreme Court of Missouri · 1956
- The Thew Shovel Co. v. Superior CourtCalifornia Court of Appeal · 1939
- Mergenthaler Linotype Co. v. HaysMissouri Court of Appeals · 1914
- Nathan v. Planters Cotton Oil Co.Missouri Court of Appeals · 1915
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