Mikel v. St. Louis, Kansas City & Northern Railway Co.
Supreme Court of Missouri
Appeal from Adair Circuit Court. I. The corporation act is designedly liberal in its terms, and' under it the plaintiff has his option as to where he will have his suit against a corporation. (W. S., 294, §§ 26,28; Dixon vs. Han. & St. Jo. B. B., 31 Mo., 409; Han. & St. Jo.
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Appeal from Adair Circuit Court. I. The corporation act is designedly liberal in its terms, and' under it the plaintiff has his option as to where he will have his suit against a corporation. (W. S., 294, §§ 26,28; Dixon vs. Han. & St. Jo. B. B., 31 Mo., 409; Han. & St. Jo. B. B. vs. Mahoney, 42 Mo., 467; Slavens vs. South P. B. R., 51 Mo.', 308; Brown vs. Webber, 9 Cush., 560.) I. Construing sections 26 and 28 (W. S., 294) together, we consider the meaning thereof- to be, that suit must be brought against a corporation in the county where the cause of action accrued,unless it has no office…
1Opinion of the CourtWagner, Judge
The only question in the case relates to the jurisdiction of the court where it was tried.
The plaintiff brought his action in the Adair Circuit Court to recover damages for the killing of a mule by the defend ant’s cars in Macon County.
The court, trying the cause without the intervention of a jury, made a special finding of facts, and gave judgment against the plaintiff solely on the ground that the action should have been brought in Macon County, where the killing occurred, *146and that the court in Adair County had no jurisdiction of this cause of action. It was further found, and is admitted,…
2Cited by7 opinions
- Davis v. Jacksonville Southeastern LineSupreme Court of Missouri · 1895
- State ex rel. Texas Portland Cement Co. v. SaleSupreme Court of Missouri · 1910
- Roberts v. State InsuranceMissouri Court of Appeals · 1887
- Bedell v. Richardson Lubricating Co.Court of Appeals of Kansas · 1919
- Nevatt v. Springfield Normal SchoolMissouri Court of Appeals · 1899
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