Burgess v. St. Louis County Railroad
Supreme Court of Missouri
Appeal from 31. Loicis City Circuit Court. (1) The judgment was prematurely rendered. It should have been preceded by an order on appellants to bring in new parties, if any such were necessary. Hayden v. Marmaduke, 19 Mo. 403. (2) The petition shows a good cause of action and should have been sustained. Drury v. Cross, 74 U. S. 299; Railroad v. Howard, 74 U. S. 392. (3) Plaintiffs have a legal capacity to sue and the court erred in holding the contrary.
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Appeal from 31. Loicis City Circuit Court. (1) The judgment was prematurely rendered. It should have been preceded by an order on appellants to bring in new parties, if any such were necessary. Hayden v. Marmaduke, 19 Mo. 403. (2) The petition shows a good cause of action and should have been sustained. Drury v. Cross, 74 U. S. 299; Railroad v. Howard, 74 U. S. 392. (3) Plaintiffs have a legal capacity to sue and the court erred in holding the contrary. Boone on Corporations, sec. 150, and cases cited in notes 2, 3 and 4 ; Descombes v. Wood, 8 West. Rep. 614 (brief); Chicago v. Cameron, 9…
1Opinion of the CourtSiiERVvood, J.
This proceeding is termed “an action in equity.” It was instituted by the plaintiffs against the St. Louis County Railroad Company, the Forest Park and Central Railroad Company, the St. Louis, Kansas City and Colorado Railroad Company, Francis Tiernan, E. R. Stewart, Dwight Durkee, Robert C. Allen, Amos H. Shultz, Wm. D. Clayton, John F. Hume, — Fox, Melvin L. Gray, Edwin Harrison, James 0. Broadhead, Joseph Brown, H. A. Haeussier, Joseph Shippen and other persons unknown to plaintiffs.
Omitting the caption the amended petition is as follows:—
“Plaintiffs, by leave of court, file this their…
2Cases cited6 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Badger v. BadgerSupreme Court of the United States · 1865
- Sullivan v. Portland & Kennebec RailroadSupreme Court of the United States · 1877
- Landrum v. Union BankSupreme Court of Missouri · 1876
- Bliss v. PrichardSupreme Court of Missouri · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ferguson v. SodenSupreme Court of Missouri · 1892
- Jorndt v. Reuter Hub & Spoke Co.Missouri Court of Appeals · 1905
- Wilson v. St. Louis & Western RailroadSupreme Court of Missouri · 1894