Sublette v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The judgment here sued on was vacated by defendant’s appeal to the circuit court of Adair county, Missouri. Earl v. Collins, 89 Mo. 263; Williams v. Lewis, 47 Mo.
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Appeal from the St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The judgment here sued on was vacated by defendant’s appeal to the circuit court of Adair county, Missouri. Earl v. Collins, 89 Mo. 263; Williams v. Lewis, 47 Mo. App. 657. (2) The defendant having perfected an appeal to the supreme court of Missouri in this cause, no action can be maintained upon the original judgment, even if said judgment was alive, until the cause has been finally disposed of in the supreme court of Missouri. Ladd v. Cousins, 35 Mo. 513; DeKalb Co. v. Rixon, 44 Mo. 341; Burgess v. O’…
1Opinion of the CourtBiggs, J.
On the tenth day of April, 1883, the Wabash, St. Louis & Pacific Railroad Company owned and operated a railroad in Adair county in this state. On the day mentioned it leased its roadbed and the appurtenances to the defendant. Subsequently, to wit, on the twenty-first day of May, 1883, and while the defendant was operating the road, an animal belonging to plaintiff was run over and struck by a train of cars on the road. The accident occurred in Polk township in Adair county. For this the plaintiff *333brought suit for damages before a justice of the peace of the township where the animal was…
2Cases cited1 opinion
- DeKalb County v. HixonSupreme Court of Missouri · 1869
3Cited by4 opinions
- Sublette v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- Sublette v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1898
- Sublette v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1899
- Hodde v. TuetenbergMissouri Court of Appeals · 1920