Legal Opinion

Tourville v. Wabash Railroad

Supreme Court of Missouri

Decided March 14, 1899PublishedCited by 24 opinions

'Appeal from St. Louis Gity Gircuit Court. — LIoN. James E. Withbow, Judge. (1) The- first proceedings in East St. Louis, here under review, disclose a substantial compliance with the statutes of Illinois, and is all that is necessary in such cases.

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'Appeal from St. Louis Gity Gircuit Court. — LIoN. James E. Withbow, Judge. (1) The- first proceedings in East St. Louis, here under review, disclose a substantial compliance with the statutes of Illinois, and is all that is necessary in such cases. Secs. 42 to 58, Ohap. 11, E. S. Ill. 1891; secs. 1 to 28, Ohap. 62, E. S. Ill. 1891. (2) Even if such proceedings were irregular, the judgment was in the plaintiff’s favor, and- he is, therefore, estopped from here questioning them. Herman on Estoppel, sec. -53, p. 46; Freeman on Judg., sec. 249; Strong v. Ins. Go., 62 Mo. 289; Ilenry v. Woods, 71…

1Opinion of the CourtBrace, J.

The defendant is a consolidated railway corporation separately organized under the laws of Michigan, Ohio, Indiana, Illinois, and Missouri, having business offices and agents in all of these States.

*619On tbe third of June, 1891, tbe plaintiff Tourville, a resident of tbe State of Missouri, being indebted on a promissory note to one Elannigan, a resident of tbe State of Illinois, tbe said Elannigan instituted a suit against bim by attachment for tbe recovery of such debt before a justice of tbe peace in that State, in which on tbe same day tbe defendant railroad company was served with notice of…

2Cases cited12 opinions

  1. Smith v. AdamsSupreme Court of the United States · 1889
  2. Nashua and Lowell Railroad v. Boston and Lowell RailroadSupreme Court of the United States · 1890
  3. Stump v. HornbackSupreme Court of Missouri · 1891
  4. Mower v. FletcherSupreme Court of the United States · 1885
  5. Chouteau v. AllenSupreme Court of Missouri · 1881

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

3Cited by24 opinions

  1. Huron Holding Corp. v. Lincoln Mine Operating Co.Supreme Court of the United States · 1941
  2. Scullin v. Wabash RailroadSupreme Court of Missouri · 1905
  3. Wabash Railroad v. TourvilleSupreme Court of the United States · 1900
  4. Galbreath v. WallrichSupreme Court of Colorado · 1910
  5. Mountain Home Lumber Co. v. SwartwoutIdaho Supreme Court · 1921

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

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