State ex rel. Clay County v. Wabash, St. Louis & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Hon. Gteoeg-e W. Dunn, Judge. (1) The state under the statute (R. S., sec. 808), in •a qui tarn action of this character is not a proper party plaintiff. State ex rel.
Read the full summary
Appeal from Clay Circuit Court. — Hon. Gteoeg-e W. Dunn, Judge. (1) The state under the statute (R. S., sec. 808), in •a qui tarn action of this character is not a proper party plaintiff. State ex rel. Wilson v. Dodson, 63 Mo. 452 ; .2 Bouvier’s Law Die., tit. qui tarn, 403, and cases cited; Butler v. President, 3 Croke, 256 ; 3 Croke, 336; ■State v. Bishop, 7 Conn. 185; MegargeTl v: Coal Co., ■8 Watts & Ser. [Pa.] 346 ; Vandeventer v. Van Court, 1 Pen. [N. J.] 123; 2 and 3 N. J. Law Rep.; State v. .Smith, 49 N. H. 155 ; Commonwealth v. Frost, 5 Mass. 53; Commonwealth v. Howard, 13 Mass. 222.…
1Opinion of the CourtRat, J.
This was an action instituted and conducted by the prosecuting attorney of Clay county, Missouri, in the name of the state of Missouri, to the use-of Clay county, Missouri, and upon the information of one Broadwell, to recover the penalty prescribed by section 806, and the amendments thereto, for a failure on the part of the appellant to ring a bell or sound a whistle at a certain public crossing on the railroad of appellant, in Ray county, Missouri. The proceeding was. commenced before a justice of the peace in Clay county, Missouri, where plaintiff had judgment, from which defendant…
2Cases cited1 opinion
- Barnett v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
3Cited by6 opinions
- State ex rel. Rodes v. WarnerSupreme Court of Missouri · 1906
- Reorganized School District No. 7 v. DouthitSupreme Court of Missouri · 1990
- State ex rel. Cass County v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1899
- Reorganized School District No. 7 v. DouthitSupreme Court of Missouri · 1990
- State v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1913
1 more not listed; retrieve them via the Exa API.