State ex rel. Barker v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from Saline Circuit Court. — Hon. Samuel Davis, Judge. (1) It is fundamental, in law and equity, that where a party to an action obtains a rule, order, judgment or decree in his favor, and under or by means of it secures money or property, and afterwards such rule, order, judgment or decree is set aside, or reversed, then such party must restore or return all money .or property received thereunder or thereby.
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Appeal from Saline Circuit Court. — Hon. Samuel Davis, Judge. (1) It is fundamental, in law and equity, that where a party to an action obtains a rule, order, judgment or decree in his favor, and under or by means of it secures money or property, and afterwards such rule, order, judgment or decree is set aside, or reversed, then such party must restore or return all money .or property received thereunder or thereby. The defendant, therefore, upon the reversal of its decree in the Federal court, under and by means of which it was enabled to charge and collect the excess charges sued for,…
1Opinion of the CourtGeayes, J.
In this case the. defendant filed a demurrer to plaintiff’s petition, which was sustained, and plaintiff refusing to plead further judgment was *662entered up for defendant and against plaintiff. The-soundness of that judgment is the issue here. Plaintiff’s petition is peculiarly worded, and the case may have to turn upon that wording, and for such reason we deem it best to set out the petition in full. The petition reads:
“Plaintiff, the State of Missouri, for its second amended petition, voluntarily made, leave of court having been first obtained therefor, states that it brings this action at…
2Cases cited5 opinions
- People of the State of N.Y. v. . IngersollNew York Court of Appeals · 1874
- State v. LordOregon Supreme Court · 1896
- People v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1874
- People of the State of N.Y. v. . FieldsNew York Court of Appeals · 1874
- Sherman v. BellowsOregon Supreme Court · 1893
3Cited by17 opinions
- Public Service Commission v. ByronCourt of Appeals of Maryland · 1927
- State Ex Rel. McKittrick v. American Colony InsuranceSupreme Court of Missouri · 1935
- State Ex Rel. McKittrick v. Missouri Public Service Commission, Laclede Power & Light Co.Supreme Court of Missouri · 1943
- Curry v. DahlbergSupreme Court of Missouri · 1937
- In Re William Anthony Cannon, Jane Cannon, Debtors. State of Missouri, Ex Rel., John D. Ashcroft, Attorney General v. William Anthony CannonCourt of Appeals for the Eighth Circuit · 1984
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