Glover v. Mersman
Missouri Court of Appeals
Error to St. Louis Circuit Court. Party wall — Fitch v. Leamy, 9 Bosw. 530; Mas-son’s Appeal, 70 Pa. St. 26; O’Daniel v. Baker’s Union, 4 Houst. 503 ; Walls v. HawTcins, 5 Penn. 20 ; Shirred v. Cisco, 4 Sandf. 485. An action on the case in tort is the proper action. — Burnett v. Lynch, 5 Barn. & Cress. 602; Gorham v. Gross et al., 117 Mass. 442 ; Chamitter v. Robinson, 4 Excb. 169 ; Klander y. McGrath, 35 Pa. St. 128. Party-walls. — Orman y. Day, 5 Fla. 385; In-gles y.
Read the full summary
Error to St. Louis Circuit Court. Party wall — Fitch v. Leamy, 9 Bosw. 530; Mas-son’s Appeal, 70 Pa. St. 26; O’Daniel v. Baker’s Union, 4 Houst. 503 ; Walls v. HawTcins, 5 Penn. 20 ; Shirred v. Cisco, 4 Sandf. 485. An action on the case in tort is the proper action. — Burnett v. Lynch, 5 Barn. & Cress. 602; Gorham v. Gross et al., 117 Mass. 442 ; Chamitter v. Robinson, 4 Excb. 169 ; Klander y. McGrath, 35 Pa. St. 128. Party-walls. — Orman y. Day, 5 Fla. 385; In-gles y. Bringhurst, 1 Dali. 341, 345 ; Gorham v. Gross et al., 117 Mass. 442. Joint owners of, are equally bound to repair. —…
1Opinion of the CourtLewis, P. J.
The petition, after stating in effect that, on December 6, 1876, plaintiff and defendant were owners and, by themselves or tenants, occupants of adjoining lots, sets forth that “ the defendant had, previously to the time aforesaid, erected upon the dividing line between said lots a wall, standing in equal parts on each side of said lots, under an agreement in writing between himself and the plaintiff, dated May 30, 1871, whereby it was stipulated that whenever, after the completion of the said wall, the plaintiff, or his legal representatives, should desire to use the same, or any part or…
2Cases cited2 opinions
- Orman v. DaySupreme Court of Florida · 1853
- Gorham v. GrossMassachusetts Supreme Judicial Court · 1875
3Cited by6 opinions
- Mary Jane Stevens Co. v. First Nat. Bldg. Co.Utah Supreme Court · 1936
- Mickel v. YorkIllinois Supreme Court · 1898
- McKnight v. Strasburger Building Co.Supreme Court of Kansas · 1915
- A. H. Bowman & Co. v. WilliamsCourt of Appeals of Kentucky (pre-1976) · 1929
- Paola Lodge No. 147, I.O.O.F. v. Bank of Knob NosterMissouri Court of Appeals · 1943
1 more not listed; retrieve them via the Exa API.