Legal Opinion

Apitz v. Missouri Pacific Ry. Co.

Missouri Court of Appeals

Decided April 13, 1885PublishedCited by 5 opinions

Appeal from Randolph Circuit Court,. Hon. Gf. H, Burokhartt, Judge. Statement of the case by the court. This case originated before a justice of the peace.

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Appeal from Randolph Circuit Court,. Hon. Gf. H, Burokhartt, Judge. Statement of the case by the court. This case originated before a justice of the peace. Omitting the caption, the statement or.petition is as •follows: “Plaintiff states that defendant is now and was at the time hereinafter mentioned, a railroad corporation duly organized under the laws of the state of Missouri, and as such was running, controlling, and ioperating a certain line of railroad, known as the Missouri Pacific Railroad, extending into and through the city of Moberly in Sugar creek township, Randolph county,…

1Opinion of the Court

Opinion by

Hall, J.

I

The objection to the introduction of the “book” offered in evidence was properly overruled.

*425The petition in this case was sufficient. This' action 'originated before a justice of the peace, in whose court no formal pleadings were necessary. It was only necessary for the petition to contain “a statement of the facts ■constituting the cause of action upon which the suit is founded.” — Section 2851 of Revised Statutes.

In the case of the City of Kansas v. Johnson (78 Mo. 665), instituted before a justice of the peace by plaintiff for the recovery of a merchant tax for the year…

2Cases cited10 opinions

  1. State ex rel. Clinton County v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
  2. Loyd v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1873
  3. Wallace v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
  4. Farmers' Bank v. BaylissSupreme Court of Missouri · 1867
  5. City of Kansas v. JohnsonSupreme Court of Missouri · 1883

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Backenstoe v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1885
  2. City of Mexico ex rel. Collector v. CauthornMissouri Court of Appeals · 1887
  3. O'Brien v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
  4. Wisdom v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1885
  5. Harlan v. Wabash, St. Louis & Pacific Ry. Co.Missouri Court of Appeals · 1885

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