Wabash, St. Louis & Pacific Railway v. Knox
Cases that cite this one
5 later published cases cite this decision.
- Municipality of Rio Piedras v. Serra, Garabis & Co. (1st Cir. 1932)
- Intercontinental Rubber Co. v. Boston & M. R. R. (District Court, D. Massachusetts 1917)
- Baker v. Union Stock Yards National Bank (Neb. 1902)
- Gorman v. Havird (Supreme Court of the United States 1891)
- Gibson v. Shufeldt (Supreme Court of the United States 1887)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
delivered the opinion of the court.
The judgment in this case was for $5,237.15, but the record shows in many ways that of this amount $727.42 was admitted to be due. A formal tender of that sum was made on the 26th of February, 1883, and the money deposited-in court for Knox, the plaintiff, where it remained until the 14th of March, nine days after the judgment was rendered, when it was withdrawn by the railroad company, without prejudice, on the order of the court and with the consent and agreement of Knox. The bill of exceptions also shows an admitted liability of the company for the amount of the tender. The case is, therefore, in all material respects, like that of Tintsman v. National Bank, 100 U. S. 6, where the writ was dismissed, although the judg *305 ment was for $8,233.59, because, by an agreeed statement of facts in the record, it appeared that the defendant admitted he owed $5,099.59 of the amount recovered. To the same effect is Jenness v. Citizens' National Bank of Rome, ante, 52. The amount' in dispute here is no more than was in dispute-below, and that was less than $5,000.
The motion to dismiss is gra/nted.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.