Connelly v. Illinois Central Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Matt G. Reynolds, Judge. Plaintiff’s alleged claim against Southern Railway became res adjudicata by the determination in its favor at the first trial, from which the plaintiff had not appealed. Bloch v. Price, 32 Fed. 447; Berry v. Rood, 209 Mo. 662. (1) The record shows that the court acquired and had complete jurisdiction of appellant’s person and the cause and never lost it.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Matt G. Reynolds, Judge. Plaintiff’s alleged claim against Southern Railway became res adjudicata by the determination in its favor at the first trial, from which the plaintiff had not appealed. Bloch v. Price, 32 Fed. 447; Berry v. Rood, 209 Mo. 662. (1) The record shows that the court acquired and had complete jurisdiction of appellant’s person and the cause and never lost it. (a) It acquired same by service of writ by sheriff, by its general entry of appearance, by its demurrer to original petition withdrawn without argument, answers…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — I. The verdict and judgment said to be involved here now were in favor of plaintiff and against defendant South*280ern Railway Company for a sum of money, and against plaintiff and in favor of defendant Illinois Central Railroad Company. An appeal was prayed and allowed Southern Railway Company to the Supreme Court, while plaintiff prayed and was allowed an appeal to this court. Thus was created a situation which our Supreme Court has denounced as improper, saying, “Manifestly the same case cannot he pending in two appellate courts at the same time, although upon…
2Cases cited6 opinions
- Mann v. DoerrSupreme Court of Missouri · 1909
- Snoqualmi Realty Co. v. MoynihanSupreme Court of Missouri · 1904
- Bremen Bank v. UmrathMissouri Court of Appeals · 1893
- Holborn v. NaughtonMissouri Court of Appeals · 1894
- Connelly v. Illinois Central RailroadMissouri Court of Appeals · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Walsh v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1932
- Morton v. Southwestern Telegraph & Telephone Co.Supreme Court of Missouri · 1920
- Electrolytic Chlorine Co. v. Wallace & Tiernan Co.Supreme Court of Missouri · 1931
- Connelly v. Illinois Central RailroadMissouri Court of Appeals · 1914
- Russell Grain Co. v. Chicago, Great Western RailroadMissouri Court of Appeals · 1922