Van Frank v. St. Louis, Cape Girardeau & Ft. Smith Railway Co.
Missouri Court of Appeals
Appeal from Cape Girardeau Circuit Court. — Hon. Henry G. Riley, Judge. STATEMENT OR THE CASE. This case has been remanded to this court by the Supreme Court, to which it was first transferred as lying outside our pecuniary jurisdiction. The controversy is over one of many intervening demands which were filed in a suit to foreclose certain mortgages on the roadbed, franchises, rolling-stock and other property of the St. Louis, Cape Girardeau & Et.
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Appeal from Cape Girardeau Circuit Court. — Hon. Henry G. Riley, Judge. STATEMENT OR THE CASE. This case has been remanded to this court by the Supreme Court, to which it was first transferred as lying outside our pecuniary jurisdiction. The controversy is over one of many intervening demands which were filed in a suit to foreclose certain mortgages on the roadbed, franchises, rolling-stock and other property of the St. Louis, Cape Girardeau & Et. Smith Railroad Company, which mortgages were executed by said 'company and its predecessors the Cape Girardeau Railroad Company and the Cape…
1Opinion of the CourtGoode, J.
We are satisfied the referee and the judge of the circuit court were more likely to reach correct conclusions in regard to the facts of this controversy than we would be, 'were we to review the evidence and revise their findings. The abstracts of the record furnished by the parties are not clear as to what evidence was adduced on the trial in the court below, or as to how much of it is now before this court. Nany similar intervening demands were heard by the capable and painstaking referee who heard this one, and he must have become familiar with all the facts involved; as must also the…
2Cases cited9 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
- Miltenberger v. Logansport Railway Co.Supreme Court of the United States · 1882
- Union Trust Co. v. MorrisonSupreme Court of the United States · 1888
- Humphreys v. Atlantic Milling Co.Supreme Court of Missouri · 1889
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3Cited by2 opinions
- Gulf & Brazos Valley Railway Co. v. BerryCourt of Appeals of Texas · 1903
- State Trust Co. v. Kansas City, P. & G. R.U.S. Circuit Court for the District of Western Missouri · 1904