Wabash Railroad v. Flannigan
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. William Zachrits, Judge. (1) “A delay of three years in bringing a bill in equity to enforce a charge upon land created by a will, is not such laches as will defeat the plaintiff’s right, if there has been no change in the defendant’s position by reason of such delay.”
Read the full summary
Appeal from St. Louis City Circuit Court. — How. William Zachrits, Judge. (1) “A delay of three years in bringing a bill in equity to enforce a charge upon land created by a will, is not such laches as will defeat the plaintiff’s right, if there has been no change in the defendant’s position by reason of such delay.” N-udd v. Powers, 136Mass. 273. “Laches can not be imputed to one who begins proceedings as soon as he is in legal condition to do so, as where one awaits a discharge in bankruptcy.” Gamble v. Folsom, 49 Mich. 141. (2) “That a court has jurisdiction on a bill for an interpleader,…
1Opinion of the CourtBland, P. J.
Plaintiff by its third amended petition averred that plaintiff was first organized as a railroad corporation under the laws of the State of Ohio, and subsequently organized under the laws of the States of Illinois and Missouri; that on the first, day of August, 1889, and ever since, it has been continuously and without change a consolidated corporation ; that in the months of May and June, 1891, defendant Tourville, earned as an employee of plaintiff, eighty-one dollars and ninety-eight cents more or less; that defendant Elannigan, in April, 1895, instituted an attachment proceeding against…
2Cases cited15 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Woodruff v. TaylorSupreme Court of Vermont · 1847
- Newhall v. KastensIllinois Supreme Court · 1873
- Tourville v. Wabash RailroadSupreme Court of Missouri · 1899
- Salisbury Mills v. TownsendMassachusetts Supreme Judicial Court · 1871
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Graham Refining Co. v. Graham Oil SyndicateCourt of Appeals of Texas · 1924
- American Life & Accident Insurance Co. v. MorrisMissouri Court of Appeals · 1955
- Aetna Insurance v. EvansSupreme Court of Florida · 1909
- Badeau v. National Life & Accident Insurance Co.Missouri Court of Appeals · 1957
- Eisenstadt Manufacturing Co. v. St. Louis Smelting & Refining Co.Missouri Court of Appeals · 1926