Fullerton v. Fordyce
Supreme Court of Missouri
Appeal from Scott Circuit Court. — Hon. H. C. O’Bbvan, Judge. ' (1) The court had no jurisdiction to hear and determine this case, the suit being against receivers of the United-States court. It is not alleged in the petition or shown at the trial, that the United States court which appointed the receivers, defendants herein, had given permission for them to be sued in this case in the state court. The court erred in overruling defendants’ plea to the jurisdiction.
Read the full summary
Appeal from Scott Circuit Court. — Hon. H. C. O’Bbvan, Judge. ' (1) The court had no jurisdiction to hear and determine this case, the suit being against receivers of the United-States court. It is not alleged in the petition or shown at the trial, that the United States court which appointed the receivers, defendants herein, had given permission for them to be sued in this case in the state court. The court erred in overruling defendants’ plea to the jurisdiction. The defendants objected to the admission of any testimony for the want of jurisdiction, and the court erred in overruling their…
1Opinion of the CourtMacfaklane, J.
This is a suit prosecuted by plaintiff against the receivers of the St. Louis, Arkansas and Texas Railway Company, appointed by a United States circuit court, to recover damages for injuries received by reason of falling into a hole in the depot platform of said company at New Madrid, Missouri. Plaintiff charged defendants.with negligence in not keeping its platform in a reasonably safe condition, by reason of which, on leaving a train at said station, upon which he had been a, passenger, he was precipitated *8into the hole in the platform and was thereby injured.
It appeared from the evidence…
2Cases cited7 opinions
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- McNulta v. LochridgeSupreme Court of the United States · 1891
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- Hall v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Barr v. Nafziger Baking Co.Supreme Court of Missouri · 1931
- Pere Marquette Railroad v. StrangeIndiana Supreme Court · 1908
- Shamp v. LambertMissouri Court of Appeals · 1909
- State v. SpaughSupreme Court of Missouri · 1906
- Wood v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1904
24 more not listed; retrieve them via the Exa API.