Legal Opinion

Harding v. Chicago & Alton Railroad

Supreme Court of Missouri

Decided October 15, 1883PublishedCited by 7 opinions

Appeal from Jackson Special Law and Equity Court. — Hon. R. E. Cowan, Judge. Ten days only are allowed for a resident of tbe county to appeal from a justice of tbe peace. 2 Wag. Stat.; 847. Tbe service was on tbe railroad’s chief officer, at his office in Jackson county, and was sufficient. 1 Wag.

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Appeal from Jackson Special Law and Equity Court. — Hon. R. E. Cowan, Judge. Ten days only are allowed for a resident of tbe county to appeal from a justice of tbe peace. 2 Wag. Stat.; 847. Tbe service was on tbe railroad’s chief officer, at his office in Jackson county, and was sufficient. 1 Wag. Stat., p. 294, §§ 26, 28; Slavens v. Railroad Co., 51 Mo. 308; Dixon v. Railroad Co., 31 Mo. 409; St. Louis v. Wiggins Ferry Co., 40 Mo. 580; Laws 1873, p. 58; R. S. 1879, § 2521. Tbe garnishee, although chartered in Illinois, having an office and place of business in this State, was subject to suit…

1Opinion of the Court

Ewing, C.

Appellant sued Lacey, and summoned the Chicago & Alton Railroad Company, as garnishee, before a justice of the peace, where there was judgment for plaintiff, from which the garnishee appealed to the special law and equity court, where appellant, Harding, moved to dismiss the appeal because the garnishee was a resident of Jackson county, and did not take the appeal within ten days, as provided by "Wagner’s Statutes, page 847, section 3, then in force. That motion to dismiss appeal was submitted to that court on the following agreed statement of facts :

“At the time of service of…

2Cases cited5 opinions

  1. McNichol v. United States Mercantile Reporting AgencySupreme Court of Missouri · 1881
  2. Slavens v. South Pacific RailroadSupreme Court of Missouri · 1873
  3. Bristol v. Chicago & Aurora RailroadIllinois Supreme Court · 1854
  4. Baldwin v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1858
  5. Dixon v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1861

3Cited by7 opinions

  1. State Ex Rel. Northwestern Mutual Fire Ass'n v. CookSupreme Court of Missouri · 1942
  2. Fitzmaurice v. TurneySupreme Court of Missouri · 1908
  3. Crutsinger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
  4. Rodgers v. National Council Junior Order United American MechanicsMissouri Court of Appeals · 1913
  5. Young v. Niles & Scott Co.Missouri Court of Appeals · 1907

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