Interstate Railway Co. v. Missouri River & Cameron Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. (1) "While the motion to strike was preserved in a term bill of exceptions, there was no final bill of exceptions preserving the motion for new trial, and this is fatal to the right of review. Coffee v. Carthage, 200 Mo. 616, 629, 630. This is but an application of the rules that all matters of exception must be always again brought forward by a motion for new trial.
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Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. (1) "While the motion to strike was preserved in a term bill of exceptions, there was no final bill of exceptions preserving the motion for new trial, and this is fatal to the right of review. Coffee v. Carthage, 200 Mo. 616, 629, 630. This is but an application of the rules that all matters of exception must be always again brought forward by a motion for new trial. Collins v. Saunders, 46 Mo. 389; Acock v. Acock, 57 Mo. 154, 156; Williams v. Railroad, 112 Mo. 463, 485; Childs v. Railroad, 117 Mo. 415; Gardner v. Railroad, 223…
1Opinion of the Court
WILLIAMS, C.
By this suit the plaintiff com* pany seeks to permanently enjoin the defendants from interfering with plaintiff’s enjoyment of its alleged right of way, which it has acquired or is about to ac- ' quire for the purpose of building a railroad from Kansas City, Missouri, to St. Joseph, Missouri. The allegations of the petition are, in substance, as follows:
That the plaintiff is a corporation, duly incorporated under article 11, chapter 12, Revised Statutes of Missouri, 1899, and as such corporation has power to construct and maintain a railroad for public use from the city of Kansas…
2Cases cited5 opinions
- Shohoney v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1910
- State v. VaughanSupreme Court of Missouri · 1906
- State v. CarsonSupreme Court of Missouri · 1910
- Godfrey v. GodfreySupreme Court of Missouri · 1910
- Justice v. Town of LancasterMissouri Court of Appeals · 1886
3Cited by8 opinions
- Spotts v. SpottsSupreme Court of Missouri · 1932
- Leahy v. Mercantile Trust Co.Supreme Court of Missouri · 1922
- Schroeter Bros. Hardware Co. v. Croatian "Sokol" Gymnastic Ass'nSupreme Court of Missouri · 1933
- Syz v. Milk Wagon Drivers' Union, Local 603Supreme Court of Missouri · 1929
- Hynds v. HyndsSupreme Court of Missouri · 1913
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