Cunningham v. Current River Railroad
Supreme Court of Missouri
Appeal from Howell Circuit Court. — lion. W. N. Evans, Judge. (1) The Act of April 18,1895, if construed to require the payment of ten dollars to judges then in office, when a cause is sent from one circuit to another on a change of venue, is in violation of section 33, article 6, Constitution. (2) The order made at the June term, 1898, of the Howell Circuit Court, changing the venue to the Texas Circuit Court, divested the former court of all jurisdiction of the cause.
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Appeal from Howell Circuit Court. — lion. W. N. Evans, Judge. (1) The Act of April 18,1895, if construed to require the payment of ten dollars to judges then in office, when a cause is sent from one circuit to another on a change of venue, is in violation of section 33, article 6, Constitution. (2) The order made at the June term, 1898, of the Howell Circuit Court, changing the venue to the Texas Circuit Court, divested the former court of all jurisdiction of the cause. State v. Hooper, 71 Mo. 427; Henderson v. Hudson, 55 Mo. 538; State v.. Taylor, 132 Mo. 282; State v. Lay, 128 Mo. 609;…
1Opinion of the CourtBurgess, J.
This action was begun by plaintiff before a justice of the peace in Howell county for damages alleged to have been sustained by him by the negligence of defendant in running over and killing his stock.
The complaint is as follows:
“Plaintiff states that the defendant is and was on the tenth day of August, 1897, a corporation organized and existing under the laws of the State of Missouri, and as such corporation owned and operated a railroad running and passing through said Hutton Valley township in the State of Missouri. That on the said tenth day of August, 1898, the defendant by its agents,…
2Cases cited6 opinions
- Stearns v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1887
- Keen v. SchnedlerSupreme Court of Missouri · 1887
- State v. KnightSupreme Court of Missouri · 1875
- State v. WareSupreme Court of Missouri · 1879
- State v. TaylorSupreme Court of Missouri · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State ex rel. Wiles v. WilliamsSupreme Court of Missouri · 1910
- Bond v. PhelpsSupreme Court of Oklahoma · 1948
- Moore v. NationSupreme Court of Kansas · 1909
- Chase v. Superior CourtCalifornia Supreme Court · 1908
- State v. SeeboldSupreme Court of Missouri · 1906
5 more not listed; retrieve them via the Exa API.