Legal Opinion

Clark v. St. Louis Transfer Railway Co.

Supreme Court of Missouri

Decided March 5, 1895PublishedCited by 15 opinions

. Appeal from St. Louis City Circuit Court. — Hon. D. D. Eisher, Judge. (1) The court erred in refusing to permit defendant to strike out of its answer the erroneous admission as to possession contained in such answer.

Read the full summary

. Appeal from St. Louis City Circuit Court. — Hon. D. D. Eisher, Judge. (1) The court erred in refusing to permit defendant to strike out of its answer the erroneous admission as to possession contained in such answer. Carr v. Moss, 87 Mo. 447; Waverly Timber Co. v. Cooperage Co., 112 Mo. 383. (2) Considered as an action of ejectment simply, independent of defendant’s character as a public railroad corporation the court erred in rendering judgment for plaintiff for any land whatever. (3) The evidence showed erroneous calls in the deed and plat, and the plat contrives the deed under the…

1Opinion of the CourtBubgess, J.

This is ejectment for two small tracts of land in the city of St. Louis. The petition is in two counts. In the first count the land is described as a “strip of land hr city block 1222 of the city of St. Louis described as follows: Commencing at a point * * * one hundred and nineteen (119) feet and two (2) inches west from a point where the southern line of said land so conveyed by Bissell to Clark intersects the west line of Hall street; thence running west along said southern line of said land conveyed by Bissell to Clark, twenty-six (26) feet to the northeast line of the right of way…

2Cases cited12 opinions

  1. Sweet v. OwensSupreme Court of Missouri · 1891
  2. Parkinson v. CaplingerSupreme Court of Missouri · 1877
  3. Harrison v. BartlettSupreme Court of Missouri · 1872
  4. Carr v. MossSupreme Court of Missouri · 1885
  5. Wilson v. North Missouri RailroadSupreme Court of Missouri · 1870

7 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Columbia Casualty Co. v. Hiar Holding, L.L.C.Supreme Court of Missouri · 2013
  2. Lee v. W. E. Fuetterer Battery & Supplies Co.Supreme Court of Missouri · 1929
  3. Yerxa, Andrews & Thurston v. Randazzo MacAroni Manufacturing Co.Supreme Court of Missouri · 1926
  4. Luker v. MoffettSupreme Court of Missouri · 1931
  5. Gaines v. SchneiderMissouri Court of Appeals · 1959

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API