Perkins v. St. Louis, Kansas City & Colorado Railroad
Supreme Court of Missouri
Appeal from Franklin Circuit Court. — Hon. Rudolph Hiezel, Judge. (1) Mere error in a judgment is no ground for equitable relief. Brackett v. Brackett, 61 Mo. 221; Ellis v. Jones, 51 Mo. 189; Carolus v. Koch, 72 Mo. 645. (2) Conceding for the sake of argument only that it was erroneous to tax these costs against the plaintiff, it was an error which appeared on the face of the judgment, and could have been reached by writ of error, and hence is no ground for equitable relief.
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Appeal from Franklin Circuit Court. — Hon. Rudolph Hiezel, Judge. (1) Mere error in a judgment is no ground for equitable relief. Brackett v. Brackett, 61 Mo. 221; Ellis v. Jones, 51 Mo. 189; Carolus v. Koch, 72 Mo. 645. (2) Conceding for the sake of argument only that it was erroneous to tax these costs against the plaintiff, it was an error which appeared on the face of the judgment, and could have been reached by writ of error, and hence is no ground for equitable relief. Railroad v. Lewright, 113 Mo. 660. And the fact that plaintiff has slept upon his rights and allowed the time to pass…
1Opinion of the Court
Williams J.
The defendant in this case instituted in the circuit court of Franklin county, on the first of February, 1887, a statutory proceeding for the condemnation of a right of way for its railroad over certain real estate in that county belonging to plaintiff.
The railroad company, after the commissioners appointed by the court had assessed the damages to plain*516tiff’s property at $2,325, demanded a new assessment by a jury, which was granted. The case was then sent by change of venue to the circuit court of St. Louis county, and was set for .trial at the May term, 1888, of said court. After…
2Cases cited6 opinions
- Shelbina Hotel Ass'n v. ParkerSupreme Court of Missouri · 1874
- St. Louis, Kansas City & Colorado Railroad v. LewrightSupreme Court of Missouri · 1893
- Wilson v. BoughtonSupreme Court of Missouri · 1872
- Blakesley v. JohnsonWisconsin Supreme Court · 1861
- Chicago & Alton Railroad v. MaddoxSupreme Court of Missouri · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Brinkerhoff-Faris Trust & Savings Co. v. HillSupreme Court of Missouri · 1929
- Derossett v. MarshMissouri Court of Appeals · 1931
- Vandeventer Trust Co. v. Western Stoneware Co.Missouri Court of Appeals · 1917