Strother v. Atchison, Topeka & Santa Fe Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Frank G. Johnson, Judge. (1) The defendant having a perfect and complete defense under the laws of the State of Kansas, such defense is a vested property right and defendant cannot he deprived thereof by any court or other instrumentality of the State of Missouri without violating the Constitutions of the United States and of the State of Missouri, (a) The constitutional questions were properly and timely preserved and presented to.…
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Appeal from Jackson Circuit Court. — Hon. Frank G. Johnson, Judge. (1) The defendant having a perfect and complete defense under the laws of the State of Kansas, such defense is a vested property right and defendant cannot he deprived thereof by any court or other instrumentality of the State of Missouri without violating the Constitutions of the United States and of the State of Missouri, (a) The constitutional questions were properly and timely preserved and presented to. the trial court. Miller v. Connor, 250 Mo. 677; Canton v. McDaniel, 188 Mo. 207; Moliter v. Railroad, 180 Mo. App. 84;…
1Opinion of the Court
WHITE C.
The plaintiff recovered judgment in the sum of $1600 for the loss of his stallion which died while being shipped over the defendant’s railroad, and the defendant appealed. The respondent challenges the jurisdiction of this court, and jurisdiction can be retained only if a constitutional question was properly and timely raised by the defendant in the trial court.
Plaintiff alleges that on the first day of March, 1912, he delivered to the defendant a stallion of which he was the owner, to be carried by the defendant from Abilene, Kansas, to Kiowa, Kansas.
The cause of action is based on…
2Cases cited14 opinions
- Lohmeyer v. St. Louis Cordage Co.Supreme Court of Missouri · 1908
- McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910
- Miller v. ConnorSupreme Court of Missouri · 1913
- Deiner v. SutermeisterSupreme Court of Missouri · 1915
- Ash v. City of IndependenceSupreme Court of Missouri · 1902
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- City of St. Louis v. Butler Co.Supreme Court of Missouri · 1949
- State v. LockSupreme Court of Missouri · 1924
- State v. TunnellSupreme Court of Missouri · 1924
- Schildnecht v. City of JoplinSupreme Court of Missouri · 1931
- Thompson v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1934
6 more not listed; retrieve them via the Exa API.