Kansas City Southern Railway Co. v. Mixon-McClicntock Co.
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Garter, Judge; STATEMENT BY THE COURT. Appellees brought this suit against the appellant railway company for damages for injury to twenty-four head of mules, shipped from Kansas City, in Missouri, to Marianna, Arkansas.
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Appeal from Miller Circuit Court; Jacob M. Garter, Judge; STATEMENT BY THE COURT. Appellees brought this suit against the appellant railway company for damages for injury to twenty-four head of mules, shipped from Kansas City, in Missouri, to Marianna, Arkansas. The mules were purchased of Cottingham Bros., in Kansas City, by the Mixon-McClintock Company, of Marianna, Arkansas, for Road Improvement District No. 1, of Lee County, and delivered to the Kansas City Southern Railway Company for shipment to the point of destination. It was alleged that appellant received the mules and undertook to…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is insisted, first, that the appellees have no authority or right to bring this suit and that the Mixon-McClintock Company was not a proper party, having no interest in the result thereof.
The answer denied the corporate existence of the Mixon-McCIintock Company and also of the road improvement district and there was introduced in evidence the certificate of the incorporation of the Mixon-McClintoek Company, issued by the Secretary of State upon the filing of its articles of incorporation in that office, as required by law, and also the special act of…
2Cases cited3 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. CumbieSupreme Court of Arkansas · 1911
- Cantwell v. Pacific Express Co.Supreme Court of Arkansas · 1894
3Cited by6 opinions
- Kansas City Southern Railway Co. v. MabrySupreme Court of Arkansas · 1914
- Kansas City & Memphis Railway Co. v. OakleySupreme Court of Arkansas · 1914
- Prudential Insurance v. WilliamsSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Ry. Co. v. Cunningham Commission Co.Supreme Court of Arkansas · 1916
- United States Express Co. v. CohnSupreme Court of Arkansas · 1913
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