Capital City Ferry Co. v. Cole & Callaway Transportation Co.
Missouri Court of Appeals
Appeal from the Callaway Circuit Court. — Hon. £). P. Bailey, Special Judge. (1) Tlie application for a change of venue from the county as well as the judge, being regular in form, should have been granted.
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Appeal from the Callaway Circuit Court. — Hon. £). P. Bailey, Special Judge. (1) Tlie application for a change of venue from the county as well as the judge, being regular in form, should have been granted. Revised Statutes, 1889, sec. 2262; State exrel. v. Price, 38 Mo. 383; Bowling v. Allen <& Co., 88 Mo. 300-1; Corpenny v. Sedalia, 57 Mo. 88; Revised Statutes, 1889, secs. 2258, 2260, 2262, 2131-4. A number of issues — questions of fact — were raised by the pleadings that were properly triable by a jury. Henderson v. Bickey, 50 Mo. 166. If the court might have submitted issues to a jury, a…
1Opinion of the CourtGill, J.
The plaintiff is a corporation organized June 9, 1875, under the name of the Capital City Ferry Company for the purpose of conducting a ferry business across the Missouri river at Jefferson City; the defendant is likewise a corporation organized for a similar purpose October 22, 1891, under the name of the Cole & Callaway Transportation Company. At the time of the commencement of this suit and prior thereto plaintiff had a license from the county court of Cole county to conduct a ferry across the Missouri river from Jefferson City to Cedar City; it also had, by an ordinance of the City of…
Also in this document: Concurrence.
2Cases cited8 opinions
- Conway v. Taylor'sSupreme Court of the United States · 1862
- Alexander v. RelfeSupreme Court of Missouri · 1881
- Grand Lodge v. ElsnerMissouri Court of Appeals · 1887
- Wolff v. WardSupreme Court of Missouri · 1891
- Harrell v. EllsworthSupreme Court of Alabama · 1850
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3Cited by2 opinions
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