Sublette v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinney, Judge. (1) The record does not show that there is an outstanding judgment against the defendant upon which an action can he instituted. Earl v. Collins, 89 Mo. 263; Williams v. Lewis, 47 Mo. App. 657; R. S^ 1899, sec. 4071. (2) The judgment here sued on is in excess of the jurisdiction of the justice and therefore void.
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Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinney, Judge. (1) The record does not show that there is an outstanding judgment against the defendant upon which an action can he instituted. Earl v. Collins, 89 Mo. 263; Williams v. Lewis, 47 Mo. App. 657; R. S^ 1899, sec. 4071. (2) The judgment here sued on is in excess of the jurisdiction of the justice and therefore void. Laws 1865, p. 89'; R. S. 1855, vol. 2, see. 2, p. 925; R. S. 1865, p. 56. (3) The defendant, as lessee, succeeded to the charter rights of the North Missouri Railroad Company, and, therefore, can here raise…
1Opinion of the CourtBarclay, J.
This case comes here by appeal from an order granting a new trial to the plaintiff. No •controverted facts are involved.
*116The history of the controversy is fairly given in appellant’s statement, which we adopt in great part.
In 1883 (May 21) plaintiff’s bull was killed by one' of defendant’s trains in Adair county, Missouri.
In 1883 (September 8) suit was brought by plaintiff against defendant before a justice of the peace of Adair county to recover $125 damages for the killing of said bull.
In 1883 (September 22) on due and proper service-a judgment by default was rendered against defendant, in…
2Cases cited14 opinions
- Memphis & Little Rock Railroad v. Railroad CommissionersSupreme Court of the United States · 1884
- Morgan v. LouisianaSupreme Court of the United States · 1876
- Picard v. East Tennessee, Virginia & Georgia RailroadSupreme Court of the United States · 1889
- Borel v. RollinsCalifornia Supreme Court · 1866
- Earl v. HartSupreme Court of Missouri · 1886
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3Cited by7 opinions
- Leonard v. Security Building Co.Missouri Court of Appeals · 1913
- State ex rel. South St. Joseph Town Co. v. MosmanMissouri Court of Appeals · 1905
- Sublette v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- McCauley v. StoneMissouri Court of Appeals · 1958
- Pan American Realty Corp v. MuroffMissouri Court of Appeals · 1970
2 more not listed; retrieve them via the Exa API.