St. Louis, Cape Girardeau & Fort Smith Railway Co. v. Holladay
Supreme Court of Missouri
Appeal from Carter Circuit Court. — Hon. John Gr. Wear, Judge. (1) The courti should have ‘'permitted Louis Houck to show cause why»' he, as receiver of' plaintiff railway company, should not be made, party plaintiff in substitution of the railway company, and in that capacity prosecute this action against defendant. Beach on Receivers, secs. 692, 707, 708; National Trust Co. v. Murphy, 30 N. Y. Eq. 408; Trust' Co. w.
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Appeal from Carter Circuit Court. — Hon. John Gr. Wear, Judge. (1) The courti should have ‘'permitted Louis Houck to show cause why»' he, as receiver of' plaintiff railway company, should not be made, party plaintiff in substitution of the railway company, and in that capacity prosecute this action against defendant. Beach on Receivers, secs. 692, 707, 708; National Trust Co. v. Murphy, 30 N. Y. Eq. 408; Trust' Co. w. Hoffman House, (sup.) 27 N. Y. S. 634. (2) The change . of venue ought to< have been granted, or an opportunity given to elect, under the statutes, a special judge to ..try the…
1Opinion of the Court
Sherwood J.
This cause originated in Wayne county and was begun November 6, 1890. The ostensible object of this proceeding was to restrain defendant Holladay from collecting a judgment for the sum of $1,630, recovered by him in the Wayne circuit court in October, 1890, against the plaintiff company, as garnishee of Flaherty & Deavignon, who it seems were contractors on plaintiff’s road, and to whom plaintiff owed that sum. The other defendant, Johnson, is *446the sheriff of Wayne county. The petition admits that judgment was rendered against it on garnishment process in manner as above said; but…
2Cases cited9 opinions
- Toledo, Wabash & Western Railway Co. v. BeggsIllinois Supreme Court · 1877
- State v. BaileySupreme Court of Missouri · 1887
- Tracy v. . First National Bank of SelmaNew York Court of Appeals · 1868
- Mercantile Insurance Co. v. JaynesIllinois Supreme Court · 1877
- State v. SimpsonSupreme Court of Missouri · 1878
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