West v. Wabash Railroad
Missouri Court of Appeals
Error to Chariton Circuit Court. — No». John P. Butler, Judge. (1) The judgment below, in express terms, as an inseparable part of it, is based upon a portion of section 1105 of the statute, which has been declared to be void, as in conflict with the organic law. Such judgment, therefore, cannot stand, as it is incapable of enforcement. Dickenson v. Railroad, 103 Mo.
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Error to Chariton Circuit Court. — No». John P. Butler, Judge. (1) The judgment below, in express terms, as an inseparable part of it, is based upon a portion of section 1105 of the statute, which has been declared to be void, as in conflict with the organic law. Such judgment, therefore, cannot stand, as it is incapable of enforcement. Dickenson v. Railroad, 103 Mo. App. 334; Paddock v. Railroad, 155 Mo. 537; Railroad v. Ellis, 165 H. S. 150. (1) The only error in the case being the allowance to plaintiff of an attorney fee, and plaintiff having voluntarily remitted said attorney fee, the…
1Opinion of the Court
ELLISON, J. —
Plaintiff brought his action for killing his cow by one of defendant’s trains at a place where there was no sufficient fence. The finding and judgment were for $45 for the plaintiff. An attorney’s fee of $15, was allowed and taxed with other costs. The plaintiff remitted five dollars from the finding and the court doubled the remainder, making the sum of. $80. The case is brought here on writ of error bringing up the record proper.
The ground upon which defendant puts its complaint is that the allowance of an attorneys’ fee was wholly unauthorized, the statute therefor being…
2Cases cited3 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Paddock v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1900
- Basye v. Kansas City, Pittsburg & Gulf RailroadMissouri Court of Appeals · 1896
3Cited by1 opinion
- Mills v. OlsenMontana Supreme Court · 1911