Alexander v. Grand Avenue Railway Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. SSloveb, Judge. (1) Plaintiff’s application to sue as a poor person must be disposed of before a judgment for costs could be rendered against her. Revised Statutes, 1889, sec. 2918, 2919. (2) This written dismissal was obtained by unfair means and is not binding upon plaintiff. Girard, v. St. Louis Gar Wheel Go., 46 Mo.
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Appeal from the Jackson Circuit Court. — Hon. J. H. SSloveb, Judge. (1) Plaintiff’s application to sue as a poor person must be disposed of before a judgment for costs could be rendered against her. Revised Statutes, 1889, sec. 2918, 2919. (2) This written dismissal was obtained by unfair means and is not binding upon plaintiff. Girard, v. St. Louis Gar Wheel Go., 46 Mo. App. 74, and authorities therein cited; Blair v. Railroad, 89 Mo. 383; Maher v. Railroad, 105 Mo. 320; Bank v. Crandall, 87 Mo. 208. (3) Rights of attorneys must be respected in settlements of this character when defendant…
1Opinion of the CourtEllison, J.
— The plaintiff sued defendant for $2,500 on account of personal injuries received while a passenger in one of its cable street cars. She made application to sue as a poor person. Afterwards she *70settled her claim with defendant by accepting $125 in discharge thereof. and gave to defendant a written order of dismissal of the suit. This order was presented in court and the cause in compliance therewith was dismissed, a judgment being entered discharging defendant without day and for costs against plaintiff. Plaintiff afterwards, during same term, came into court by her attorneys (the same who…
2Cases cited19 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- McLean v. ClappSupreme Court of the United States · 1891
- Cahn v. ReidMissouri Court of Appeals · 1885
- People Ex Rel. Munday v. Board of Fire CommissionersNew York Court of Appeals · 1878
- Chicago, Rock Island & Pacific Railway Co. v. LewisIllinois Supreme Court · 1884
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3Cited by20 opinions
- Curtis v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Goodson v. National Masonic Accident Ass'nMissouri Court of Appeals · 1902
- Winter ex rel. Smith v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1901
- Polski v. City of St. LouisSupreme Court of Missouri · 1915
- Subscribers at Casualty Reciprocal Exchange Ex Rel. Dodson v. Kansas City Public Service Co.Missouri Court of Appeals · 1936
15 more not listed; retrieve them via the Exa API.