Legal Opinion

Missouri Pacific Railway Co. v. Maltby

Supreme Court of Kansas

Decided July 15, 1885PublishedCited by 14 opinions

Error from, Bourbon District Court. Action brought by Maltby & Co. against The Railway Company and another, to recover $116.40 from said company because of its failure to answer as garnishee in an action brought by plaintiffs against George W. Ridgway before a justice of the peace. Trial by the court at the September Term, 1884, upon an agreed statement of facts. Judgment was rendered for plaintiffs and against the defendant company for $62.25, and costs. New trial denied.

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Error from, Bourbon District Court. Action brought by Maltby & Co. against The Railway Company and another, to recover $116.40 from said company because of its failure to answer as garnishee in an action brought by plaintiffs against George W. Ridgway before a justice of the peace. Trial by the court at the September Term, 1884, upon an agreed statement of facts. Judgment was rendered for plaintiffs and against the defendant company for $62.25, and costs. New trial denied. The defendants bring the case to this court. The opinion states the facts.

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an action brought in the district court of Bourbon county, by W. J. Maltby and A. N. Maltby, partners as Maltby & Co., against the Missouri Pacific Railway Company and George W. Ridgway, to recover $116.40 from the railway company because of its failure to answer as garnishee in an action brought by Maltby & Co. against Ridgway, before a justice of the peace of said county. Ridgway and his family and Maltby & Co. were all residents of Sedalia, Missouri, and the railway company was a Missouri corporation, but had been…

2Cases cited10 opinions

  1. Tingley v. BatemanMassachusetts Supreme Judicial Court · 1813
  2. Burlington & Missouri River Railroad v. ThompsonSupreme Court of Kansas · 1884
  3. Pierce v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
  4. Lowe v. StringhamWisconsin Supreme Court · 1861
  5. Mineral Point Railroad v. BarronIllinois Supreme Court · 1876

5 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Wilson v. JosephIndiana Supreme Court · 1886
  2. Drake v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1888
  3. Missouri Pacific Railway Co. v. SharittSupreme Court of Kansas · 1890
  4. Strawn Mercantile Co. v. First Nat. Bank of StrawnCourt of Appeals of Texas · 1925
  5. Kestler v. KernIndiana Court of Appeals · 1891

9 more not listed; retrieve them via the Exa API.

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