Legal Opinion

Hooker v. Atlantic & Pacific Railroad

Supreme Court of Missouri

Decided October 15, 1876PublishedCited by 3 opinions

Appeal from Laclede Circuit Court. cited: Beers vs. A. & P. R. R. Co., 55 Mo. 292 ; Palmer vs. K. C., St. Joe. & C. B. R. R., 57 Mo. 250 : Garnet vs. Rogers, 52 Mo. 145; Kinser vs. Shands, 52 Mo. 326.

1Opinion of the CourtHough, Judge

This action originated before a justice of the peace, by whom a judgment was rendered by default against the defendant.

A motion was made to set aside this judgment, which was overruled by the justice, because the defendant refused to pay the costs which had accrued. The defendant thereupon appealed to the circuit court, where the plaintiff filed a motion to dismiss the appeal, for the reason that the motion to set aside the judgment by default was properly overruled by the justice, in consequence of the refusal of the defendant to pay the costs. This motion the court sustained, hut rendered a…

2Cases cited2 opinions

  1. Beers v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1874
  2. Palmer v. Kansas City, St. Jo. & Council Bluffs R. R.Supreme Court of Missouri · 1874

3Cited by3 opinions

  1. Marcheck v. KluteMissouri Court of Appeals · 1908
  2. McKinney v. HarralMissouri Court of Appeals · 1889
  3. Hathaway v. St. Louis, Kennett & Southern RailroadMissouri Court of Appeals · 1902

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