Slavens v. South Pacific Railroad
Supreme Court of Missouri
Appeal from Laclede Circuit Court. I. Appellant was within the meaning of the statute, a non-resident of Laclede county, bat was a resident of St. Louis county. (Conn.
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Appeal from Laclede Circuit Court. I. Appellant was within the meaning of the statute, a non-resident of Laclede county, bat was a resident of St. Louis county. (Conn. R. R. vs. Cooper, 30 Yermont, 476; 2 Redf., on R. R., 384; Thorn vs. Central R. R., 2 Dutch N. J., 121; R. R. Co. vs. Alexandria, 17 G-ratt., 76; Jenkins vs. California Stage Co., 22 Cal. 537; How., Pr., 149; Sangamon county R. R. vs. Morgan county 14 Ills., 166.) 1. Appellant was a resident of Laclede county within the meaning of Sec. 3, p 847, "Wag. Stat. In legal contemplation a railroad resides in any county through which…
1Opinion of the CourtWagner, Judge
Plaintiff commenced his suit against the defendant before a justice of the peace in Laclede county, and summons was served upon defendant’s station agent in that county.
At the trial, judgment was given for the plaintiff, and defendant at the time gave notice of its intention to take an appeal to the Circuit Court, but failed to file a bond or affidavit within ten days.
Thirteen days after the trial, affidavit and bond were filed, and the case was taken to the Circuit Court. In that court the plaintiff filed his motion to dismiss the appeal because the same was not taken and perfected within…
2Cases cited5 opinions
- City of St. Louis v. Wiggins Ferry Co.Supreme Court of Missouri · 1867
- United States v. WhiteU.S. Circuit Court for the District of District of Columbia · 1836
- Baldwin v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1858
- Connecticut & Passumpsic Rivers Railroad v. CooperSupreme Court of Vermont · 1858
- Dixon v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1861
3Cited by18 opinions
- State Ex Rel. O'Keefe v. BrownSupreme Court of Missouri · 1951
- State Ex Rel. Northwestern Mutual Fire Ass'n v. CookSupreme Court of Missouri · 1942
- Tobin v. Chester & Lenoir N. G. R. R.Supreme Court of South Carolina · 1896
- Fitzmaurice v. TurneySupreme Court of Missouri · 1908
- State Ex Rel. Smith v. GraySupreme Court of Missouri · 1998
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