Young v. Kansas City, St. Joseph & Council Bluffs Railway Co.
Missouri Court of Appeals
Appeal from, the Atchison Circuit Court. — Hon. C. A. Anthony, Judge. The cause of action stated in the original petition in this case was for a penalty and was barred in three years. R. S. 1879, secs. 3231, 547; Remite n. Railroad, 74 Mo. 438; Barnett «. Railroad, 68 Mo. 58; Cummings v. Railroad, 70 Mo. 570 ; Rea v.. Railroad, 84 Mo. 345 ; Edwards v. Railroad, 66 Mo. 567; Carey r>. Railroad, 60 Mo. 209 ; 'Herriman r>. Railroad, 9 Am. & Eng.
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Appeal from, the Atchison Circuit Court. — Hon. C. A. Anthony, Judge. The cause of action stated in the original petition in this case was for a penalty and was barred in three years. R. S. 1879, secs. 3231, 547; Remite n. Railroad, 74 Mo. 438; Barnett «. Railroad, 68 Mo. 58; Cummings v. Railroad, 70 Mo. 570 ; Rea v.. Railroad, 84 Mo. 345 ; Edwards v. Railroad, 66 Mo. 567; Carey r>. Railroad, 60 Mo. 209 ; 'Herriman r>. Railroad, 9 Am. & Eng. R. R. Oases, 339; State v. Railroad, 32 Fed. Rep. 725. The so-called amended petition was statutory — counted on the statute, stated every fact…
1Opinion of the CourtEllison, J.
On the thirtieth day of September, 1887, the plaintiff, filed an amended petition in this cause, the first count of which is as follows, to-wit :
“Por cause of action plaintiff states, that at the times hereinafter mentioned, the defendant was and that it still is a corporation, owning, operating and managing a certain railroad in the state of Missouri, extending from the town of Watson to the City of Kansas in said state; that on or about the seventeenth day of May, 1883, plaintiff, delivered to defendant at Watson, a station on defendant’s railroad, in Atchison county, Missouri, to be…
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- United States v. ClaflinSupreme Court of the United States · 1878
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