Legal Opinion

Chouteau v. Rowse

Supreme Court of Missouri

Decided October 15, 1886PublishedCited by 24 opinions

Appeal from the St. Louis Court of Appeals. The non-suit was suffered on the twenty-seventh day of May, 1872, the day of its actual rendition in the circuit court, and more than one year before the present action •was brought, and not on the twentieth of April, 1874,, when the judgment of the Supreme Court was rendered affirming the judgment .of the circuit court.

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Appeal from the St. Louis Court of Appeals. The non-suit was suffered on the twenty-seventh day of May, 1872, the day of its actual rendition in the circuit court, and more than one year before the present action •was brought, and not on the twentieth of April, 1874,, when the judgment of the Supreme Court was rendered affirming the judgment .of the circuit court. The present action was instituted on the twenty-second day of June, 1874, on a cause of action which arose, and is stated in the petition to have arisen, on the thirtieth day of November, 1867, or six years and about seven months…

1Opinion of the Court

Norton, J. —

On the twenty-ninth of October, 1868, the respondents 'began suit against the appellant in the circuit court of the county- of St. Louis, to recover ten thousand dollars, alleged to have'been paid November 30, 1867, to appellant, as tax collector, by respondents, on account of their taxes, but not applied by appellant to such taxes. The latter answered denying the matters *194alleged, and the cause being tried in said court, May 27, 1872, resulted in a non-suit of respondents, who, failing to get said non-suit set aside, appealed the cause to this court, when, on the twentieth of…

2Cases cited3 opinions

  1. Briant v. FudgeSupreme Court of Missouri · 1876
  2. Chouteau v. RowseSupreme Court of Missouri · 1874
  3. Wood v. NortmanSupreme Court of Missouri · 1884

3Cited by24 opinions

  1. Wetmore v. CrouchSupreme Court of Missouri · 1905
  2. Greene County Bank v. GraySupreme Court of Missouri · 1898
  3. Mason v. Kansas City Belt Railway Co.Supreme Court of Missouri · 1910
  4. Hewitt v. SteeleSupreme Court of Missouri · 1896
  5. Segall v. GarlichsSupreme Court of Missouri · 1926

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