City of St. Louis v. Nelson
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court . — Ron. D. D. Fisher, Judge. (1) The final judgment, entered March 9,1903, in the principal case awards the whole fund to Porter. For this reason the court erred in afterwards adjudging part of it to the Aetna Iron Works.
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Appeal from St. Louis City Circuit Court . — Ron. D. D. Fisher, Judge. (1) The final judgment, entered March 9,1903, in the principal case awards the whole fund to Porter. For this reason the court erred in afterwards adjudging part of it to the Aetna Iron Works. Railway v. Railway, 152 111. 519; Hodgerson v. Railroad, 160 111. 430. (2) The Aetna Iron Works does not own the building on Porter’s lot, and is not entitled to have any part of the fund, on the theory that that part was awarded as damages to the building. Real Estate Oo. v. Realty Co., 103 Mo. App. 24; Anthony v. Rockefeller, 102…
1Opinion of the CourtReyburn, J.
(after stating the facts). — 1. The aggregate amount deposited by the city in court was $2,978.90 as stated, of which the iron works asserted right to but $2,070.40, leaving the ownership of appellant to the remainder uncontroverted and undisputed and by necessary implication conceded. Under these conditions, when respondent’s claim was advanced, had appellant immediately asked the court to order payment to him of this difference, to which respondent never laid claim, such prayer might justly have been granted and such order would doubtless have been then made. The right of appellant to this…
2Cases cited3 opinions
- Loughran v. . RossNew York Court of Appeals · 1871
- Noah v. German InsuranceMissouri Court of Appeals · 1899
- Exchange Real Estate & Building Co. v. Schuchmann Realty Co.Missouri Court of Appeals · 1903
3Cited by4 opinions
- Sunshine Realty Corp. v. KillianMissouri Court of Appeals · 1985
- Merrell v. GarverIndiana Supreme Court · 1913
- Red Diamond Clothing Co. v. SteidemannMissouri Court of Appeals · 1912
- Johnson v. Johnson Motor Co.Missouri Court of Appeals · 1936