Legal Opinion

Wabash Railroad v. Sweet

Missouri Court of Appeals

Decided December 19, 1904PublishedCited by 6 opinions

Appeal from Clay Circuit Court. — Ho». J. W. Alexander, Judge. (1) What is the meaning of the initial word, 1 ‘upon, ” of section 3639, R. S. 1899? Among the mean- ■ ings in the best lexicons are these: When, at the time of, on occasion of, in the sense of time; noting the time when an event came or is to come to pass. Universal Dictionary; Webster’s Unabridged Dictionary; Anderson’s Law Dictionary.

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Appeal from Clay Circuit Court. — Ho». J. W. Alexander, Judge. (1) What is the meaning of the initial word, 1 ‘upon, ” of section 3639, R. S. 1899? Among the mean- ■ ings in the best lexicons are these: When, at the time of, on occasion of, in the sense of time; noting the time when an event came or is to come to pass. Universal Dictionary; Webster’s Unabridged Dictionary; Anderson’s Law Dictionary. The Queen’s Bench expressly decides that the words “upon his admission,” mean at the time, and not within a reasonable time after. Regina v. Humphrey, 10 Adolphus and Ellis, 121 (Am. Ed.). (2) The…

1Opinion of the CourtBroaddus, J.

— This case was here before on appeal — see S. "W. Bep. 77, p. 123. The sole object of the suit was to enjoin defendant from prosecuting a certain action against plaintiff in the Jackson county circuit court. On March 4th, 1903, the cause was heard .in the Clay circuit court on demurrer to plaintiff’s petition, the demurrer was sustained, and the temporary injunction theretofore issued was dissolved. The judgment was as follows: “It is therefore ordered, adjudged and decreed by the court that the temporary injunction granted by the judge of this court on the 10th day of January, 1903, be and…

2Cases cited6 opinions

  1. Cohn v. LehmanSupreme Court of Missouri · 1887
  2. Joplin & Western Railway Co v. Kansas CitySupreme Court of Missouri · 1896
  3. Hoffelmann v. FrankeSupreme Court of Missouri · 1888
  4. Neiser v. ThomasMissouri Court of Appeals · 1891
  5. Moore v. Mexico Savings BankMissouri Court of Appeals · 1894

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3Cited by6 opinions

  1. Bussiere's Admisnistrator v. SaymanSupreme Court of Missouri · 1914
  2. San Antonio & A. P. Ry. Co. v. BlairCourt of Appeals of Texas · 1916
  3. Konta v. St. Louis Stock ExchangeMissouri Court of Appeals · 1910
  4. State Ex Rel. Latshaw v. ReevesMissouri Court of Appeals · 1944
  5. Robertson v. GlennMissouri Court of Appeals · 1920

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