National Water Works Co. v. School District
Missouri Court of Appeals
Appeal from Jackson Circuit Court, IIon. Turner A. GriLL, Judge. Statement of case by tbe court. Tbis is an action to recover of tbe defendant compensation for water furnished it by plaintiff between tbe first day of July, 1880, and tbe first day of January, 1881, for tbe use of certain designated school buildings situate within the corporate limits of the city.
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Appeal from Jackson Circuit Court, IIon. Turner A. GriLL, Judge. Statement of case by tbe court. Tbis is an action to recover of tbe defendant compensation for water furnished it by plaintiff between tbe first day of July, 1880, and tbe first day of January, 1881, for tbe use of certain designated school buildings situate within the corporate limits of the city. Tbe answer pleaded that tbe plaintiff corporation owned and operated tbe water works of Kansas City under a contract between it and tbe city, entered into pursuant to authority granted by an ac.t of tbe general assembly of tbe state,…
1Opinion of the CourtPhilips, P. J.
I. The first question, in the order of its effect, to be considered is the plea in bar. It is conceded by the learned counsel for appellant that plaintiff had the right, upon the adverse instruction by the court, to take a non-suit, and that had it taken no further action thereon, the judgment of non-suit would have been no bar to this action. But their contention is that by moving the court to set aside this judgment' of non-suit, the plaintiff thereby called in review the ruling *234of the court on plaintiff’s right to maintain the action, and the overruling of this motion was, in effect, a…
2Cases cited1 opinion
- Homer v. BrownSupreme Court of the United States · 1854
3Cited by13 opinions
- West v. McMullenSupreme Court of Missouri · 1892
- Board of Education v. HoughtonSupreme Court of Minnesota · 1930
- Ordway v. Boston & Maine RailroadSupreme Court of New Hampshire · 1898
- State ex Informatione Lowe v. HendersonSupreme Court of Missouri · 1898
- Kansas City v. FeeMissouri Court of Appeals · 1913
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