Bushnell v. Louisville & Nashville Railroad
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. John G-. Parle, Judge. (1) Where there is an agreement of compromise and a default is taken pending such agreement the default will be set aside without requiring the showing of a meritorious defense. Browning v. Roane, 9 Ark. 354'; Stevens v. Thompson, 1 How.
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Appeal from Jackson Circuit Court. — Hon. John G-. Parle, Judge. (1) Where there is an agreement of compromise and a default is taken pending such agreement the default will be set aside without requiring the showing of a meritorious defense. Browning v. Roane, 9 Ark. 354'; Stevens v. Thompson, 1 How. Pr. 136; O’Fallen v. Davis, 38 Mo. 270; Spalding v. Meller, 40 Mo. 177; Mum. etc. v. Holz, 10 N. D. 16; Ennis v. Hogan, 47 M'o. 514; Bowlin v. Gallin, 101 Wis. 545; Sedberry v. Jones, 42 Tex. 10, 11; Cadwallader v. McClay, 37 Neb. 359. (2) The amended petition introduced a new and entirely…
1Opinion of the CourtBroaddus, P. J.
The cause originated in a justice’s court. The action was against the Union Pacific Railroad Company alone when plaintiff obtained judgment, from which said company appealed to the circuit court. The action was for money had and received for overcharge of freight by that company on three cars. After the case had got to the circuit, court the plaintiff filed an amended statement, making the Wabash Railroad Company, the Gulf & Ship Island Railroad Company and the present defendant additional parties de*67fendant, averring a joint cause of action against all the defendants; that is to say, that all…
2Cases cited4 opinions
- Halliday v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
- Shewalter v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1900
- Meyers v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1906
- Aiken v. Wabash Railroad Co.Missouri Court of Appeals · 1899