Withers v. Kansas City Suburban Belt Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) The trial court erred in trying and determining the whole controversy defined by the pleadings, without the aid of a jury, (a) This action as outlined in the plaintiffs’ petition is one to recover money.
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Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) The trial court erred in trying and determining the whole controversy defined by the pleadings, without the aid of a jury, (a) This action as outlined in the plaintiffs’ petition is one to recover money. The defendants pleaded as defenses to that action the Statute of Limitations, the assertion that the land in question was not accretions to plaintiffs’ shore land, that defendants owned the fee simple title, and estoppel. These issues were properly triable to a jury under the Constitution and laws of Missouri. The trial…
1Opinion of the CourtGantt, P. J.
This is a suit to recover the value of a certain tract of land which the plaintiffs claim to own and which is being used And appropriated by the defendants for a railroad right of way and other railroad uses. The original petition was filed December 19, 1898. On March 22, 1901, the petition was amended, making the receivers of - the railroad company and the Kansas City Southern Railway Company, which had been organized for the purpose of taking over the properties of the Suburban Belt Company, parties defendant. To this amended petition all of the defendants, on April 10, 1901, filed an…
2Cases cited17 opinions
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Wendell v. Van RensselaerNew York Court of Chancery · 1815
- Lee v. ConranSupreme Court of Missouri · 1908
- Bales v. PerrySupreme Court of Missouri · 1873
- Lincoln Trust Co. v. NathanSupreme Court of Missouri · 1903
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Koehler v. RowlandSupreme Court of Missouri · 1918
- Citizens Bank of Senath v. DouglassMissouri Court of Appeals · 1913
- Barnett v. KempSupreme Court of Missouri · 1914
- Babcock v. RiegerSupreme Court of Missouri · 1933
- Palmer v. WelchMissouri Court of Appeals · 1913
5 more not listed; retrieve them via the Exa API.