Kirn v. Cape Girardeau & Chester Railroad
Missouri Court of Appeals
Appeal from Perry Circuit Court. — Hon. Chas. A. Killian, Judge. (1) The appellant in this case is aware that both the highest courts of this State hold that attorneys’ fees may be recovered in certain instances. Sterrett v. Railway, 108 Mo.
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Appeal from Perry Circuit Court. — Hon. Chas. A. Killian, Judge. (1) The appellant in this case is aware that both the highest courts of this State hold that attorneys’ fees may be recovered in certain instances. Sterrett v. Railway, 108 Mo. App. 650. The other cases which have been decided in this State, holding that attorneys’ fees may be recovered where railroad companies abandon condemnation proceedings, were all cases that had been tried in the circuit court, and in support of this your attention is called to the following: Railroad v. Lackland, 25 Mo. 515; Railroad v. Railroad, 138 Mo.…
1Opinion of the CourtNortoni, J.
The appeal is from a judgment of the circuit court overruling the defendant’s demurrer to the plaintiff’s petition. . It is unnecessary to set ont the petition in full and therefore, in the interest of brevity, .we will recite the principal facts out of which the controversy arises and direct attention to the objection levelled against the case as' stated by the plaintiff in his pleadings.
*273The defendant is a Missouri railroad corporation, and was engaged in acquiring a right of way for its proposed road. Desiring a portion of plaintiff’s lands for such purpose and haying failed to reach an…
2Cases cited9 opinions
- Waters v. WatersSupreme Court of Missouri · 1872
- North Missouri Railroad v. LacklandSupreme Court of Missouri · 1857
- Leisse v. St. Louis & Iron Mountain RailroadMissouri Court of Appeals · 1876
- Leisse v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1880
- St. Louis Railway Co. v. Southern Railway Co.Supreme Court of Missouri · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- 66, Inc. v. Crestwood Commons Redevelopment Corp.Supreme Court of Missouri · 1999
- 66, Inc. v. Crestwood Commons Redevelopment Corp.Missouri Court of Appeals · 2004
- Center School District No. 58 of Jackson County v. KentonSupreme Court of Missouri · 1961
- Meadow Park Land Co. v. School DistrictSupreme Court of Missouri · 1923
- Nifong v. Texas Empire Pipe Line Co.Missouri Court of Appeals · 1931
3 more not listed; retrieve them via the Exa API.