Cape Girardeau Southwestern Railway Co. v. Hatton
Supreme Court of Missouri
Appeal from, Mississippi Circuit Court. — Hon. H. C. . O’Bryan, Judge.' (1) The court committed error in sustaining the motion of Wayne county to be made a party defendant. Revised Statutes, 1879, section 3465, means only that a plaintiff may make any person a defendant. Kortjohn v. Seimers, 29 Mo. App. 271; Boyes v. Hamilton, 21 Mo.
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Appeal from, Mississippi Circuit Court. — Hon. H. C. . O’Bryan, Judge.' (1) The court committed error in sustaining the motion of Wayne county to be made a party defendant. Revised Statutes, 1879, section 3465, means only that a plaintiff may make any person a defendant. Kortjohn v. Seimers, 29 Mo. App. 271; Boyes v. Hamilton, 21 Mo. App. 521. (2) The court erred in allowing defendants to introduce evidence in regard to the overflow after the levee was built and the flow of water through the trestles. (3) The court erred in admitting in the cross-examination of Penny the testimony that he was…
1Opinion of the Court
Black, J. —
The plaintiff railroad corporation commenced this action in the. Wayne circuit court against the judges aud clerk of the county court of that county to enjoin James F. Hatton, who is one of said judges, from surrendering to the county court.a deed held by him in escrow, conveying to the company some nine thousand acres of swamp lands; and to enjoin the judges from making any order changing the records of the court under which the deed was executed, until it should be determined whether the plaintiff was entitled to the possession of the same, and for other relief.
The county of…
2Cases cited3 opinions
- Sturgeon v. HamptonSupreme Court of Missouri · 1885
- Saline County v. WilsonSupreme Court of Missouri · 1875
- State ex rel. Board of Education v. County CourtSupreme Court of Missouri · 1889
3Cited by11 opinions
- Green v. ConradSupreme Court of Missouri · 1893
- State ex rel. Kendrick v. HudsonMissouri Court of Appeals · 1901
- Bayless v. GibbsSupreme Court of Missouri · 1913
- St. Louis, Cape Girardeau & Fort Smith Railway Co. v. Wayne CountySupreme Court of Missouri · 1894
- Miller v. BoulwareSupreme Court of Missouri · 1916
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