Barnum v. Kennedy
Supreme Court of Arkansas
Error from Wyandotte District Court. ' Action, brought by J. P. Kennedy against The Pacific-Railroad Company, to recover upon a certain judgment rendered in favor of the Citizens’ Savings Bank of St. Louis, Missouri, and against said railroad company, which judgment had been assigned to said Kennedy. Under an order of the district court, made January 12th, 1877, Phineas T. Barnum, and three others, were made parties defendant in-said action.
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Error from Wyandotte District Court. ' Action, brought by J. P. Kennedy against The Pacific-Railroad Company, to recover upon a certain judgment rendered in favor of the Citizens’ Savings Bank of St. Louis, Missouri, and against said railroad company, which judgment had been assigned to said Kennedy. Under an order of the district court, made January 12th, 1877, Phineas T. Barnum, and three others, were made parties defendant in-said action. Trial at July Term, 1877, of the district court. Findings and judgment for plaintiff. New trial refused, and defendants bring the case here. Other facts…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The question in this case is as to the validity of a judgment in the circuit court of St. Louis county, Missouri, against the Pacific railroad. The facts as they appear from the transcript of that court are, that a petition in due form on certain promissory notes was prepared, and on the-back thereof this indorsement was written:
“The Pacific railroad of Missouri, defendant, here enters-its appearance to the above cause, this 21st day of January,. 1876, to the February term, A. D. 1876, of the circuit court of St. Louis county, and waives…
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