Merriam v. St. Louis, Cape Girardeau & Fort Smith Railway Co.
Supreme Court of Missouri
Appeal from Iron Circuit Court. (1) The act of 1895 is remedial and should be liberally construed. (2) The motion to revote as a matter of law unquestionably challenges the sufficiency of the record to authorize the appointment of a receivér, and in that respect questions the correctness of the court’s action, although of a discretionary character. 2 Beach, Mod. Eq.
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Appeal from Iron Circuit Court. (1) The act of 1895 is remedial and should be liberally construed. (2) The motion to revote as a matter of law unquestionably challenges the sufficiency of the record to authorize the appointment of a receivér, and in that respect questions the correctness of the court’s action, although of a discretionary character. 2 Beach, Mod. Eq. Prac., sec. 720, notes 2 and 3, and sec. 936, notes 3 and 4. Tysen v. Railroad, 247; Kerr on Receivers, p. 8, and note (S); Rounder v. Tate, 96 Ind. 331; Naylor v. Sidner, 106 Ind. 184; Miller v. Lehman, 87 Ala. 519; Taylor v.…
1Opinion of the CourtGantt, P. J.
This is an appeal from an order of the Iron county circuit court, made August 2, 1895, refusing to revoke and set aside an order made by said circuit court on August 1, 1895, appointing Eli Klotz receiver of the St. Louis, Cape Girardeau & Fort Smith Railway Company.
The appeal is prosecuted under the act of the general assembly of Missouri, of April 11, 1895, entitled, “An act to amend ‘An act to repeal section 2216, Revised Statutes of 1889, and enact in lieu thereof a new section,’ approved April 18, 1891, relating to the taking of appeals from interlocutory orders.” By this amendment an…
2Cases cited8 opinions
- Sage v. Memphis & Little Rock RailroadSupreme Court of the United States · 1888
- Blondheim v. MooreCourt of Appeals of Maryland · 1857
- Humphreys v. Atlantic Milling Co.Supreme Court of Missouri · 1889
- St. Louis, Arkansas & Texas Railway Co. v. Whitaker & BonnerTexas Supreme Court · 1887
- Greeley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
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3Cited by13 opinions
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- Loveless v. Locke Distributing CompanySupreme Court of Missouri · 1958
- Bushman v. BushmanSupreme Court of Missouri · 1925
- State ex rel. St. Louis & Kirkwood Railroad v. HirzelSupreme Court of Missouri · 1897
- Robinson v. NickMissouri Court of Appeals · 1940
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