Heath v. Missouri, Kansas & Texas Railway Co.
Supreme Court of Missouri
Appeal from Howard Circuit Court. — Hon. G. H. Burckhartt, Judge. When this suit was brought, April 19th, 1876, also the date of service upon E. E. Dunnaway, agent at Es-till depot, the railroad was in the hands of a receiver. The plaintiff had his option to proceed by action either against the receiver in his official capacity, leave of court that appointed the receiver being first obtained, or, under our statute, against the railroad company itself as such.
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Appeal from Howard Circuit Court. — Hon. G. H. Burckhartt, Judge. When this suit was brought, April 19th, 1876, also the date of service upon E. E. Dunnaway, agent at Es-till depot, the railroad was in the hands of a receiver. The plaintiff had his option to proceed by action either against the receiver in his official capacity, leave of court that appointed the receiver being first obtained, or, under our statute, against the railroad company itself as such. High on Receivers, §§ 395 and 397; O. & M. R. R. Co. v. Fitch, 20 Ind. 498, affirmed in Alsop v. McKinney, 20 Ind. 509. The plaintiff…
1Opinion of the Court
Martin, C.
This is a proceeding by motion to quash an execution on the ground that the defendant in the case in which it was issued was not served with process, and has never waived such service. The action was brought in Franklin township, Howard county, before a justice of the peace for killing on the 10th day of May, 1875, stock belonging to the plaintiff, valued at $150. The action was commenced on the 19 th day of April, 1876, and process served on the same day. On the 27th day of May, 1876, judgment in the value claimed was given in plaintiff’s favor as upon a default. A transcript of…
2Cases cited13 opinions
- Madison County Bank v. Suman's AdministratorSupreme Court of Missouri · 1883
- Hallowell v. PageSupreme Court of Missouri · 1857
- Jeffries v. WrightSupreme Court of Missouri · 1873
- Phillips v. EvansSupreme Court of Missouri · 1876
- Stewart v. StringerSupreme Court of Missouri · 1867
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3Cited by23 opinions
- Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1904
- State ex rel. Sullivan v. ReynoldsSupreme Court of Missouri · 1908
- Smoot v. JuddSupreme Court of Missouri · 1904
- Smoot v. JuddSupreme Court of Missouri · 1901
- Stegall v. American Pigment & Chemical Co.Missouri Court of Appeals · 1910
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