Stolze v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. The demurrer to the sufficiency of the petition should have been sustained. It does not state facts sufficient to constitute a cause of action against either of the appellants.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. The demurrer to the sufficiency of the petition should have been sustained. It does not state facts sufficient to constitute a cause of action against either of the appellants. The law governing the facts alleged in the petition is laid down by the courts of Missouri, as follows: “When a remittitur is ordered and accepted, a new judgment must be entered on the remittitur accepted, and the judgment so entered destroys and invalidates the original judgment. Eb sequitur the original judgment cannot be made the basis of any…
1Opinion of the CourtBland, P. J.
~At the September term, 1902, of the St. Charles Circuit Court, plaintiff recovered a judgment for fifteen thousand dollars against defendant St. Louis Transit Company. From the judgment the Transit Company appealed to the Supreme Court and gave a supersedeas bond in the usual form, which defendant United States Fidelity and Guaranty Company signed as surety. On the hearing of the appeal in the Supreme Court (May 24, 1905) the court, at the conclusion of its opinion, said: “A verdict for $8,000 would have been a liberal one in this base, hence the judgment of the circuit court will be…
2Cases cited4 opinions
- State ex rel. Johnson v. WithrowSupreme Court of Missouri · 1891
- Chicago & Alton Railroad v. BrandauMissouri Court of Appeals · 1899
- Schilling v. SpeckSupreme Court of Missouri · 1858
- Little Rock Grain Co. v. J. A. Brubaker & Co.Missouri Court of Appeals · 1901
3Cited by4 opinions
- Missouri-Kansas-Texas Railroad Co. v. EdwardsSupreme Court of Oklahoma · 1961
- Walton v. United States Steel Corp.Missouri Court of Appeals · 1964
- Stolze v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1910
- 4021 Iowa, LLC v. K&A Delmar Property, LLCMissouri Court of Appeals · 2025