Miller v. St. Louis & Kansas City Railway Co.
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. W. W. Wood, Judge. (1) In a case where the answer is a virtual admission of plaintiff’s cause of action, but asks affirmative relief on equitable grounds, the entire ease is converted into one in equity, to be governed by the rules of equity practice.
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Appeal from Johnson Circuit Court. — Hon. W. W. Wood, Judge. (1) In a case where the answer is a virtual admission of plaintiff’s cause of action, but asks affirmative relief on equitable grounds, the entire ease is converted into one in equity, to be governed by the rules of equity practice. O’Day v. Conn, 131 Mo. 325; Schuster v. Schuster, 93 Mo. 443; Allen v. Logan, 96 Mo-. 591; Wendover v. Baker, 121 Mo. 289. (This was an action on promissory notes — the defense was equitable, asking the court to decree specific performance of an alleged contract for the cancellation of the notes.…
1Opinion of the CourtValliant, J.
Plaintiff by this suit seeks to recover of defendant compensation for injury to bis farm caused by defendant in entering on bis land appropriating a strip one hundred feet wide upon which it constructed and is maintaining *430and operating its railroad.
Defendant by its answer admits all the allegations of tbe petition, but seeks to avoid liability for the damages claimed, because it says it had a right to enter on the plaintiffs land and appropriate it for the purpose named, by virtue of a written contract executed by plaintiff granting the right- of way and authorizing the acts complained of,…
2Cases cited5 opinions
- Blodgett v. PerrySupreme Court of Missouri · 1888
- Bales v. PerrySupreme Court of Missouri · 1873
- Webster v. Kansas City & Southern Railway Co.Supreme Court of Missouri · 1893
- Edwards v. Missouri, Kansas & Eastern Railway Co.Supreme Court of Missouri · 1899
- Woodard v. MastinSupreme Court of Missouri · 1891
3Cited by24 opinions
- Nettleton Bank v. Estate of McGauheySupreme Court of Missouri · 1928
- Beetschen v. Shell Pipe Line Corp.Missouri Court of Appeals · 1952
- Jaycox v. BruneSupreme Court of Missouri · 1968
- State Ex Rel. Willman v. SloanSupreme Court of Missouri · 1978
- Johnson v. McAboySupreme Court of Missouri · 1943
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