O'Connor v. Current River Railroad
Supreme Court of Missouri
Appeal from Carter Circuit Court. — Hon. J. Gt. Wear, . Judge. (1) The proceeding is to enforce a lien under the provisions of article 4 of chapter 47 of the Revised Statutes of 1879. Section 3207 of the same article prescribes the rules of pleading, practice, process and other proceedings in cases arising under said article; there is no difference between such a petition as this and a petition on an account for goods sold and delivered, excepting only the additional…
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Appeal from Carter Circuit Court. — Hon. J. Gt. Wear, . Judge. (1) The proceeding is to enforce a lien under the provisions of article 4 of chapter 47 of the Revised Statutes of 1879. Section 3207 of the same article prescribes the rules of pleading, practice, process and other proceedings in cases arising under said article; there is no difference between such a petition as this and a petition on an account for goods sold and delivered, excepting only the additional allegations with reference to the lien. Tried by this standard, the petition is certainly good. (2) The objections urged in the…
1Opinion of the CourtGrANTT, P. J.
This is an action in the circuit court of Carter county to enforce a lien on the Current River railroad for certain work and labor done in the construction thereof.
The petition, omitting caption, is as follows: “The plaintiff states that the defendant is a railroad corporation, duly incorporated and existing under and by virtue of the laws of the state of Missouri, and as such corporation owns and operates a railroad from "Willow Springs, in Howell county, to a point called Grrandin, in Carter county, Missouri; that the said corporation owns a large lot of rolling stock, depot grounds and…
2Cases cited20 opinions
- Gerard B. Allen & Co. v. Frumet Mining & Smelting Co.Supreme Court of Missouri · 1881
- Rollin v. . CrossNew York Court of Appeals · 1871
- Davis v. BilslandSupreme Court of the United States · 1874
- Livermore v. WrighSupreme Court of Missouri · 1862
- Edgar v. SalisburySupreme Court of Missouri · 1852
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3Cited by14 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Hooven, Owens & Rentschler, Co. v. John Featherstone's SonsCourt of Appeals for the Eighth Circuit · 1901
- Rinzel v. StumpfWisconsin Supreme Court · 1903
- Badger Lumber Co. v. SteppSupreme Court of Missouri · 1900
- Fleming v. GreenerIndiana Supreme Court · 1909
9 more not listed; retrieve them via the Exa API.