Fisher v. Stevens
Supreme Court of Missouri
Appeal from the Callaway Circuit Court. — Hon. John A. Hockadax, Judge. (1)The court erred in sustaining respondent’s motion to strike out part of appellant’s amended answer. Appellant’s defense was both legal and equitable, and he was entitled to both or either. Ledbetter v. Ledbetter, 88 Mo. 60; Justice v. Town of Lancaster, '20 Mo.
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Appeal from the Callaway Circuit Court. — Hon. John A. Hockadax, Judge. (1)The court erred in sustaining respondent’s motion to strike out part of appellant’s amended answer. Appellant’s defense was both legal and equitable, and he was entitled to both or either. Ledbetter v. Ledbetter, 88 Mo. 60; Justice v. Town of Lancaster, '20 Mo. App. 559; Wendover v. Baker, 121 Mo. 290. (2) In so striking out appellant’s amended answer, he was deprived of his answer to respondent’s temporary injunction. Brownlee v. Fenwick, 103 Mo. 431. (3) The court erred in excluding competent and rele- ' vant…
1Opinion of the CourtBukg-ess, J.
This is ejectment for the recovery of the possession of two hundred and nineteen and fourteen-hundredths of an acre of land in Callaway county, Missouri. The petition was in the usual form. The ouster was laid February 22, 1895'.
On April 20, 1895, plaintiff filed petition for injunction upon which a temporary restraining order was duly issued by the circuit court of said county on the twenty-seventh day of May, 1895, enjoining and restraining defendant and his servants from entering upon and ploughing or cultivating in any manner whatsoever any of the grass, meadow or pasture lands on the…
2Cases cited14 opinions
- Nelson v. BrownSupreme Court of Missouri · 1897
- Brown v. BowenSupreme Court of Missouri · 1886
- Stillwell v. AaronSupreme Court of Missouri · 1879
- St. Joseph Fire & Marine Insurance v. HauckSupreme Court of Missouri · 1880
- Chowder v. SearcySupreme Court of Missouri · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- The Farmers Bank of Clinton, Missouri v. Vance Julian, Trustee in Bankruptcy of Roby C. Woody, D/B/A Woody Motorcompany, BankruptCourt of Appeals for the Eighth Circuit · 1967
- Braasch v. BondeWisconsin Supreme Court · 1926
- Tower Grove Bank & Trust Co. v. DuingSupreme Court of Missouri · 1940
- Baade v. CramerSupreme Court of Missouri · 1919
- Betzler v. JamesSupreme Court of Missouri · 1910
6 more not listed; retrieve them via the Exa API.