Backenstoe v. Wabash, St. Louis & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Kansas City Court of Appeals. WMle it was averred in the statement that the animal was killed in Egypt township, Carroll county, Missouri, such, fact was not proved. In the absence of such proof, no venue was shown and no jurisdiction was acquired by the court.
Read the full summary
Appeal from Kansas City Court of Appeals. WMle it was averred in the statement that the animal was killed in Egypt township, Carroll county, Missouri, such, fact was not proved. In the absence of such proof, no venue was shown and no jurisdiction was acquired by the court. State v. Metzger, 26 Mo. 65 ; Hansberger v. Railroad, 43 Mo. 196; Iba v. Railroad, 45 Mo. 469 ; Haggard v. Railroad, 63 Mo. 302; Barnett v. Railroad, 68 Mo. 56. The statement avers that the killing was done in the township where the suit was brought, and this was sufficient to give the court jurisdiction. Barnett v.…
1Opinion of the CourtHenry, C. J.
— This suit was commenced before a justice of the peace in Egypt township, Carroll county, to recover double damages for the killing of plaintiff ’ s horse by a train of cars. Plaintiff had a judgment by default, from which defendant appealed to the circuit-court, where plaintiff was again successful, and defendant appealed to the Kansas City court of appeals, which reversed the judgment and remanded the cause ; but, Judge Hall not concurring, the cause has, under the provisions of the constitutional amendment, by which that court was created, been certified to this court.
There was no…
2Cases cited4 opinions
- State v. MetzgerSupreme Court of Missouri · 1857
- Mitchell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Bersch v. SchneiderSupreme Court of Missouri · 1858
- Nall v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1875
3Cited by20 opinions
- Chicago, Rock Island & Pacific Railway Co. v. YoungSupreme Court of Missouri · 1888
- Shaw v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
- Emmerson v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1889
- Elzey v. StateMississippi Supreme Court · 1915
- Severn v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
15 more not listed; retrieve them via the Exa API.