Childs v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Missouri
Appeal from, Jackson Circuit Court. — Hon. J. H. Slover, Judge. Plaintiff had judgment on the circuit, and defendant appealed at a subsequent term, after his motion to set aside the judgment (filed more than a month after the latter was rendered) had been overruled.
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Appeal from, Jackson Circuit Court. — Hon. J. H. Slover, Judge. Plaintiff had judgment on the circuit, and defendant appealed at a subsequent term, after his motion to set aside the judgment (filed more than a month after the latter was rendered) had been overruled. That motion was as follows, viz: ‘ ‘Now comes the defendant and moves the court to set aside the judgment rendered at the present term of this court, in the above entitled cause, and as the grounds of its motion states: “1. That there is no equity in the bill. “2. That the petition herein fails to state facts sufficient to…
1Opinion of the CourtBarclay, J.
— This action was brought to obtain an accounting between plaintiff and defendant as tenants in common, and a recovery from the latter, it being charged that defendant had excluded plaintiff from his-rightful interest in the common estate and had also committed waste thereon to plaintiff’s damage in the sum of $3,994, for which judgment was asked with other relief.
There were several amendments of plaintiff’s original statement of the cause of action and to each of them defendant answered, except to the last. As to that, plaintiff’s petition was finally taken as confessed and upon further…
2Cases cited29 opinions
- Amy v. WatertownSupreme Court of the United States · 1889
- Bateson v. ClarkSupreme Court of Missouri · 1865
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Mooney v. KennettSupreme Court of Missouri · 1854
- Christal v. CraigSupreme Court of Missouri · 1883
24 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Wooten v. FriedbergSupreme Court of Missouri · 1946
- State Ex Rel. Conant v. TrimbleSupreme Court of Missouri · 1925
- Harkness v. JarvisSupreme Court of Missouri · 1904
- Indiana Pipe Line Co. v. ChristensenIndiana Supreme Court · 1924
- Albright v. AlbrightNew Mexico Supreme Court · 1916
46 more not listed; retrieve them via the Exa API.