Chicago, Rock Island & Pacific Railway Co. v. Woodson
Missouri Court of Appeals
Original Proceedings by Probibition. (1) Sections 756-758 and 761, R. S. 1899: “Where the plaintiff in the suit dies the administrator can be-substituted in his place, only by voluntary appearance of the defendant or by service upon him of a scire facias. To enter the appearance of the administrator and give judgment against defendant without such appearance or scire facias is erroneous.”
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Original Proceedings by Probibition. (1) Sections 756-758 and 761, R. S. 1899: “Where the plaintiff in the suit dies the administrator can be-substituted in his place, only by voluntary appearance of the defendant or by service upon him of a scire facias. To enter the appearance of the administrator and give judgment against defendant without such appearance or scire facias is erroneous.” Hairiness v. Austin, 36 Mo. 47; Ferris v. Hunt, 18 Mo. 480; Fine v. Gray, 19 Mo. 33; Crawford v. Railroad, 171 Mo. 77; Farrell v. Brennan, 25 Mo. 88. (2) There can be no revivor in this ease. The provision…
1Opinion of the CourtJohnson, J.
— This is an original proceeding in this court to obtain a writ of prohibition against the Honorable A. M. Woodson, judge of the Buchanan Circuit Court for division number one and Samuel Hassenbusch, executor of the estate of Lazarus Hassenbusch, deceased.
November 22, 1901, Lazarus Hassenbusch commenced an action before-a justice of the peace of Washington township, Buchanan county, against the petitioner to recover damages alleged to have been sustained by him because of the failure of petitioner to deliver certain goods which it received as a common carrier from said Hassenbusch at St.…
2Cases cited12 opinions
- State v. MeysenburgMissouri Court of Appeals · 1902
- Posthlewaite v. GhiselinSupreme Court of Missouri · 1888
- Prior v. KisoSupreme Court of Missouri · 1888
- Harkness v. AustinSupreme Court of Missouri · 1865
- Murphy v. RedmondSupreme Court of Missouri · 1870
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3Cited by6 opinions
- Carter v. BurnsSupreme Court of Missouri · 1933
- Newman v. WeinsteinMissouri Court of Appeals · 1934
- Hecht Bros. Clothing Co. v. WalkerMissouri Court of Appeals · 1931
- Schulte v. CritesMissouri Court of Appeals · 1958
- State Ex Rel. White v. TerteMissouri Court of Appeals · 1956
1 more not listed; retrieve them via the Exa API.