Rumsey v. People's Railway Co.
Supreme Court of Missouri
Error to St. Louis City Circuit Court. — Hon. John A. Talty, Judge. (1) The decree finds that “the intervenors, the German-American Bank et al., are the owners of two hundred and thirty-one of said third mortgage bonds,” although said ownership is not alleged in the petition, nor admitted by the answer, and the decree affirmatively shows that there was not any evidence heard in the cause.
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Error to St. Louis City Circuit Court. — Hon. John A. Talty, Judge. (1) The decree finds that “the intervenors, the German-American Bank et al., are the owners of two hundred and thirty-one of said third mortgage bonds,” although said ownership is not alleged in the petition, nor admitted by the answer, and the decree affirmatively shows that there was not any evidence heard in the cause. (2) The decree is wholly unintelligible in this, that while it uses the word inclusive in eight different places, it does not show whether the word so used has reference to the number of the last bond which…
1Opinion of the CourtGantt, C. J.
On the sixth day of 'March, 1897, the plaintiff commenced a suit in the circuit court of the city of St. Louis for himself and all other holders of third mortgage bonds to foreclose what is known as the “third mortgage deed of trust,” executed by the People’s Railway Company to C. C. Maffitt, as trustee, to secure certain bonds of said company in said mortgage deed described. In his petition he alleged the incorporation of the People’s Railway Company under the laws of this State; that C. C. Maffitt was the trustee in said “third mortgage deed of trust;” that said mortgage was recorded in…
2Cases cited5 opinions
- Chicago & Vincennes Railroad v. FosdickSupreme Court of the United States · 1882
- Perine v. DunnNew York Court of Chancery · 1819
- International Bank v. Franklin CountySupreme Court of Missouri · 1877
- Howell v. Western Railroad CompanySupreme Court of the United States · 1877
- Paddock v. LanceSupreme Court of Missouri · 1887
3Cited by9 opinions
- United Cemeteries Co. v. StrotherSupreme Court of Missouri · 1938
- Taylor v. TaylorMissouri Court of Appeals · 1963
- Rumsey v. Peoples Railway Co.Supreme Court of Missouri · 1900
- Impkamp v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Orchard v. National Exchange BankMissouri Court of Appeals · 1906
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