Morse v. Hannibal & St. Joseph R.R. Co.

• Decision Date: 31 October 1880
• Citation: 72 Mo. 585
• Parties: MORSE v. THE HANNIBAL & ST. JOSEPH RAILROAD COMPANY, Appellant.
• Court: Missouri Supreme Court

72 Mo. 585

MORSE

v.THE HANNIBAL & ST. JOSEPH RAILROAD COMPANY, Appellant.

Supreme Court of Missouri.

October Term, 1880.

Appeal from Livingston Circuit Court.--HON. E. J. BROADDUS, Judge.

REVERSED.

Geo. W. Easley for appellant.

HOUGH, J.

On the 18th day of October, 1877, a decree was rendered in the Livingston circuit court, on a petition filed by the plaintiff for that purpose, placing the railroad and other property of the defendant in the hands of a receiver. On the 27th day of October, 1877, this court granted an appeal from said decree, and a bond having been filed as required by the order of this court, it was ordered that said appeal should operate as a supersedeas. On the 8th day of November, 1877, the transcript of the record was filed and the cause docketed in this court, and by agreement of the parties thereto, said suit was thereupon dismissed, and the order dismissing the same was on that day entered of record. That order is as follows: “Now, at this day comes the said appellant by its attorney, James Carr, and upon his motion, it is ordered by the court that this cause be placed upon the docket of this court. Thereupon, the said James Carr, Esq., the attorney of the said appellant, for and in behalf of said appellant, presents a stipulation dated October 31st, 1877, signed by said Lemuel W. Morse, the respondent herein, and by the Hannibal & St. Joseph Railroad Company, the appellant herein, by James Carr, its attorney, by which said parties stipulate that the cause be discontinued and dismissed without costs to either party as against the other, and that an order to this effect be entered without notice. And the court now being sufficiently advised of and concerning the premises, do consider and adjudge that this suit be discontinued and dismissed without costs to either party as against the other, but, that the costs of the appeal in this cause be equally divided between said parties, and that the appellant recover against the said respondent one-half of said costs, and that he have execution therefor, and that the said respondent recover against the said appellant the other one-half of said costs and have, therefor, execution.” At the January term, 1878, of the Livingston circuit court, on motion of the receiver, an allowance of $3,814.44 was made to him by the court, for his services as receiver, to be taxed as costs in the cause. Thereafter, and on the same day, the 15th day of February, 1878, the circuit court entered an order of...