Averill v. McCook
Missouri Court of Appeals
Appeal from the Carroll Circuit Court. — Hon. John P. Butler, Judge. (1) It was the duty of the lower court to abate the action as to the defendant receivers when it was made to appear that they had been discharged by the court which had appointed them. Ryan v. Hays, 62 Tex. 42; Brown v. Gay, 76 Tex. 444; Fordyce v. Beecher, 2 Tex. Civ.
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Appeal from the Carroll Circuit Court. — Hon. John P. Butler, Judge. (1) It was the duty of the lower court to abate the action as to the defendant receivers when it was made to appear that they had been discharged by the court which had appointed them. Ryan v. Hays, 62 Tex. 42; Brown v. Gay, 76 Tex. 444; Fordyce v. Beecher, 2 Tex. Civ. App. 29, 21 S. W. Rep. 179; Eordyce v. DuBose, 87 Tex. 78; s. c. 26 S. W. Rep. 1050; Railway v. Watson, (Tex.) 24 S. W. Rep. 952; Telegraph Co. v. Jewett, 115 N. Y. 166; Woodruff v. Jewett, 115 N. Y. 267; Bond v. State, 68 Miss. 648; s. e., 9 So. Rep. 353. (2)…
1Opinion of the CourtEllison, J.
This action was brought against defendants as receivers of the Atchison, Topeka & Santa Ee Railroad for killing a cow belonging to plaintiff. Plaintiff recovered judgment in the trial court. The case was here on a former appeal (72 Mo. App. 243).
Defendants were appointed receivers by the federal court for the western district of Missouri, and at the last trial they set up their discharge as such receivers and claimed that the case should abate as to them. The trial court ruled the point' adversely and this is the principal error assigned.
In our opinion, the discharge of the receivers by the…
2Cases cited8 opinions
- Texas Pacific Railway Co. v. JohnsonTexas Supreme Court · 1890
- Ryan v. HaysTexas Supreme Court · 1884
- Brown v. GayTexas Supreme Court · 1890
- New York & Western Union Telegraph Co. v. JewettNew York Court of Appeals · 1889
- Receivers v. Du BoseTexas Supreme Court · 1894
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3Cited by1 opinion
- Dalton v. United Railways Co.Missouri Court of Appeals · 1908