Evens & Howard Fire Brick Co. v. St. Louis Smelting & Refining Co.

This is a proceeding to restrain the defendants from the use and obstruction of a railroad switch, which connects with the main tracks of the Missouri Pacific Railroad Company. No preliminary restraining order was granted. On final hearing the court dismissed the plaintiff’s bill, and entered judgment for costs against the plaintiff. The appeal is prosecuted from that judgment.

The defendants move for a transfer of the appeal to the supreme court, because the amount in dispute, ■exclusive of costs, exceeds the sum of $2,500, and because the title to real estate is involved in the case. The…