Butler County Railroad v. Barron
Missouri Court of Appeals
Appeal from Butler County Circuit Court.—Hon. J. C. Sheppard, Judge. (1) On a bill of interpleader there arises two litigations and there must be a judgment in favor of plaintiff before an issue can be framed between the claimants of the fund in controversy. Duke, Lennon & Co. v. Duke & Woods, 93 Mo.
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Appeal from Butler County Circuit Court.—Hon. J. C. Sheppard, Judge. (1) On a bill of interpleader there arises two litigations and there must be a judgment in favor of plaintiff before an issue can be framed between the claimants of the fund in controversy. Duke, Lennon & Co. v. Duke & Woods, 93 Mo. App. 244. (2) The judgment on the interpleas shows on its face that the fund in controversy had not been paid into court at the time the judgment was rendered, therefore the court had no jurisdiction of the subject-matter; the judgment should be reversed and the parties placed in statu quo. Arn…
1Opinion of the CourtSturgis, J.
—This is a suit for condemnation of land for a railroad right of way over a tract of land in Butler county, Missouri, under the provisions of section. 3067, et seq., Revised Statutes 1909. The defendants are rival claimants to the ownership of this land and of the damages assessed for the right of way •over the same. The original petition for condemnation made defendant-respondent, Barron, and defendant-appellant, Joseph Murphy, and one Horton defendants, alleging that they jointly claimed to own said land. During the course of procedure herein and prior to the appointment of commissioners to…
2Cases cited9 opinions
- Bateson v. ClarkSupreme Court of Missouri · 1865
- Danforth v. Lindell Railway Co.Supreme Court of Missouri · 1894
- Holmes v. Kansas CitySupreme Court of Missouri · 1908
- Boyer v. HamiltonMissouri Court of Appeals · 1886
- Arn v. ArnMissouri Court of Appeals · 1899
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3Cited by4 opinions
- Rains v. MoulderSupreme Court of Missouri · 1936
- Murphy v. BarronSupreme Court of Missouri · 1921
- Murphy v. BarronSupreme Court of Missouri · 1918
- United States v. 11.06 ACRES OF LAND, ETC.District Court, E.D. Missouri · 1950