Snyder v. Wabash, St. Louis & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Daviess Circuit Court. — Hon. John C. 'Howell, Judge. (1) It is not averred in the statement in what township the animal was killed. Nor does it appear in what township P. Ewing was justice of the peace. These defects are jurisdictional and it was error to permit any evidence to be introduced in the case.
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Appeal from Daviess Circuit Court. — Hon. John C. 'Howell, Judge. (1) It is not averred in the statement in what township the animal was killed. Nor does it appear in what township P. Ewing was justice of the peace. These defects are jurisdictional and it was error to permit any evidence to be introduced in the case. State v. Metzger, 26 Mo. 65; Hansberger v. By., 43 Mo. 200 ; Iba v., By. 45 Mo.475 ; Haggard v. By., 63 Mo. 383. (2) The statement is fatally defective in not averring that the animal in question got upon defendant’s track at a point which was not fenced, as required by law, and…
1Opinion of the CourtNorton, J.
— The first question presented by the record in this case is, whether a cause of action arising out of defendant’s failure to erect and maintain lawful fences along the sides of its road, whereby a hog of the value of eight dollars was killed, can be assigned so as to give the assignee a right to sue in his own name. This question was answered in the negative'by this court in the case of Wallen v. The St. Louis, Iron Mountain & Southern Railway, 74 Mo. 521, when it was held that section 3462, Revised Statutes, forbids the assignment of a thing in an action, not arising out of contract. In…
2Cases cited7 opinions
- Skouten v. WoodSupreme Court of Missouri · 1874
- Burnett v. CrandallSupreme Court of Missouri · 1876
- McArthur v. Green Bay & Mississippi Canal Co.Wisconsin Supreme Court · 1874
- Butler v. New York & Erie Rail RoadNew York Supreme Court · 1866
- Cable v. St. Louis Marine Railway & Dock Co.Supreme Court of Missouri · 1855
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3Cited by29 opinions
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- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
- Marks v. Hardware Dealers Mutual Fire Insurance Co.Missouri Court of Appeals · 1967
- Freeman v. BerberichSupreme Court of Missouri · 1933
- Chouteau v. BoughtonSupreme Court of Missouri · 1890
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