Gormley v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Charles Circuit Court. — -No». N. W. Johnson, Judge. (1) The demurrer to the evidence should have been ' sustained. The amended petition is founded upon section 2864, R. S. 1899, and fails to state a cause of action under that statute. The remedy given by that statute is the recovery'of a penalty of five thousand dob lars — no more, no less. This action is to recover forty-five hundred dollars. Section 2864 is a penal statute.
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Appeal from St. Charles Circuit Court. — -No». N. W. Johnson, Judge. (1) The demurrer to the evidence should have been ' sustained. The amended petition is founded upon section 2864, R. S. 1899, and fails to state a cause of action under that statute. The remedy given by that statute is the recovery'of a penalty of five thousand dob lars — no more, no less. This action is to recover forty-five hundred dollars. Section 2864 is a penal statute. The damages recoverable under it are liquidated, and the statute must be strictly construed, being penal, and because in derogation of common law. “That…
1Opinion of the CourtNortoni, J.
The first question to be disposed of is whether or not there is a bill of exceptions in the record for review. It is insisted by plaintiffs that the bill was filed after the time granted for that purpose had expired and therefore the bill presents nothing for review save the record proper. The facts with respect to this matter are as follows:
The cause was tried at the September term, 1904, of the circuit court, and plaintiff recovered a judgment for $4,500 ag’ainst the defendant. After defendant’s *407proper motions for new trial and in arrest, duly filed, were overruled, it perfected its appeal…
2Cases cited6 opinions
- State v. JefforsSupreme Court of Missouri · 1877
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Casey v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Marsh v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1904
- Becker v. SchutteMissouri Court of Appeals · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Boone County Lumber Co. v. NiedermeyerMissouri Court of Appeals · 1915
- Kirkman v. StevensonMissouri Court of Appeals · 1922
- State ex rel. Tucker v. MitchellMissouri Court of Appeals · 1907