Little Rock Trust Co. v. Southern Missouri & Arkansas Railroad
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. J. L. Fort, ■ Judge. (1) The St. Lonis, Memphis & Southeastern Railroad Company not having been a party to this case on the petition, the pretended service of summons upon it was a nullity, and the judgment against it upon such pretended service was void. 1 Black on Judgments (2 Ed.), secs. 219, 84, 183; Ford v. Doyle, 37 Cal. 346; White v. Johnson, 50 Am.
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Appeal from Butler Circuit Court. — Hon. J. L. Fort, ■ Judge. (1) The St. Lonis, Memphis & Southeastern Railroad Company not having been a party to this case on the petition, the pretended service of summons upon it was a nullity, and the judgment against it upon such pretended service was void. 1 Black on Judgments (2 Ed.), secs. 219, 84, 183; Ford v. Doyle, 37 Cal. 346; White v. Johnson, 50 Am. St. 726; Thompson v. Allen, 86 Mo. 85; Blodgett v. Schaffer, 94 Mo. 653; Brown v. Railroad, 72 Mo. 567; Enewold v. Olsen, 42 Am. St. 557; Neal-Miller Co. v. Owens, 42 S. W. 266; Green v. Maxelbaum,…
1Opinion of the CourtMarshall, J.
— This is an action to establish a railroad lien, under the provisions of article 4, chapter 47, Revised Statutes 1899, for $11,990.43, and interest, on the property and roadbed of the Southern Missouri & Arkansas Railroad Company.
The petition named Irving M. Bittenhoeffer and the Southern Missouri & Arkansas Railroad Company as the defendants, and then charged the incorporation of the plaintiff under the laws of Arkansas, and of the defendant railroad company under the laws of the State of Missouri, and alleged that the railroad company owned and operated a railroad in the State of Missouri…
2Cases cited3 opinions
- Cohn v. LehmanSupreme Court of Missouri · 1887
- Feurt v. CasterSupreme Court of Missouri · 1903
- Williams v. DittenhoeferSupreme Court of Missouri · 1905
3Cited by6 opinions
- Knorp v. ThompsonSupreme Court of Missouri · 1943
- Barnett, Haynes & Barnett v. Colonial Hotel Building Co.Missouri Court of Appeals · 1909
- Reisenleiter v. United Railways Co.Missouri Court of Appeals · 1911
- Williams Lumber & Manufacturing Co. v. GinsburgSupreme Court of Missouri · 1941
- Kingman-St. Louis Implement Co. v. Bantley Bros. Hardware Co.Missouri Court of Appeals · 1909
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