Ireland v. Atchison, Topeka & Santa Fe Railroad

Martin, C.

This was a suit to enforce against a railroad a claim for materials’ furnished to and used by the company in the construction and improvement of its road. The action was commenced December 11th, 1879, under and by virtue of sections 3200 to 3216 of the Revised Statutes relating to liens against railroads. The defendant interposed a demurrer, which was sustained on the ground that the petition failed to state a cause of action. Upon the plaintiffs’ refusal to plead further, final judgment was rendered in favor of defendant, from which the plaintiffs have appealed.

The decisions of the…