State ex rel. Barker v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from Saline Circuit Court. — Hon. Samuel Davis, Judge. (1) It is fundamental, in law and equity, that where a party to an action obtains a rule, order, judgment or decree in his favor, and under or by means of it secures money or property, and afterwards such rule, order, judgment or decree is set aside, or reversed, then such party must restore or return all money .or property received thereunder or thereby.
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Appeal from Saline Circuit Court. — Hon. Samuel Davis, Judge. (1) It is fundamental, in law and equity, that where a party to an action obtains a rule, order, judgment or decree in his favor, and under or by means of it secures money or property, and afterwards such rule, order, judgment or decree is set aside, or reversed, then such party must restore or return all money .or property received thereunder or thereby. The defendant, therefore, upon the reversal of its decree in the Federal court, under and by means of which it was enabled to charge and collect the excess charges sued for,…
1Concurrence
SUPPLEMENTAL CONCURRING OPINION.
WOODSON, C. J.
I write this supplemental opinion because I did not have the aid of the able dissenting opinion filed herein, of my learned associate, Judge Bond, filed some six or seven days after the majority and my concurring opinion therewith were handed down, and consequently could not anticipate the views he would express upon the important questions involved in this litigation., .
When I wrote said concerning opinion I proceeded upon the assumption, which, as I understood it, was practically conceded by the majority, if not by the entire court, that four…
2Cases cited5 opinions
- State ex rel. Atchison, Topeka & Santa Fe Railway Co. v. TrimbleSupreme Court of Missouri · 1914
- Peniston v. Hydraulic Press Brick Co.Supreme Court of Missouri · 1911
- Chaput v. BockSupreme Court of Missouri · 1909
- Trefny v. EichenseerSupreme Court of Missouri · 1914
- Wilkson v. BlackwellSupreme Court of Missouri · 1836