Perkins v. Fielding
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Frank P. Sebree, Special Judge. (1) Injunction is the proper remedy to prevent defendants acting outside of the limits of Westport, also to prevent them from trespassing upon plaintiff’s land, even if it were inside of Westport. State ex rel. v. Whitcomb, 55 Ill. 172; Stulsv.
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Appeal from Jackson Circuit Court. — Hon. Frank P. Sebree, Special Judge. (1) Injunction is the proper remedy to prevent defendants acting outside of the limits of Westport, also to prevent them from trespassing upon plaintiff’s land, even if it were inside of Westport. State ex rel. v. Whitcomb, 55 Ill. 172; Stulsv. State ex rel., 65 Ind. 492; City of Delphi v. Startsman, 104 Ind. 343; High on Injunctions [3 Ed.], ch. 9. (2) The burden of proof is upon the defendants, upon a motion to dissolve temporary injunction. High on Injunctions [3 Ed.], sec. 1470; Apits v. Railroad, 17 Mo. App. 420;…
1Opinion of the Court
DIVISION ONE.
Brace, J.
This is a proceeding by injunction, instituted May 13, 1893, to restrain the defendant *153Fielding from grading a strip of land in front of the plaintiff’s premises, as a part of Thirty-ninth, street, under a contract with the city of Westport, upon the ground that said strip and street are not. within the corporate limits of said city, and that said strip is not within the limits of said street. A temporary injunction was granted. The defendants filed a joint answer, averring that the premises were within the corporate limits of the city of Westport and a part of…
2Cases cited5 opinions
- State v. CarrollSupreme Court of Connecticut · 1871
- State ex rel. Brown v. Town of WestportSupreme Court of Missouri · 1893
- Vawter v. HultzSupreme Court of Missouri · 1892
- Adams v. LindellMissouri Court of Appeals · 1878
- Wilchinsky v. CavenderSupreme Court of Missouri · 1880
3Cited by16 opinions
- Byam v. Kansas City Public Service Co.Supreme Court of Missouri · 1931
- City of Boonville ex rel. Cosgrove v. StephensSupreme Court of Missouri · 1911
- State Ex Rel. Hand v. BilyeuMissouri Court of Appeals · 1961
- Johnson v. FergusonSupreme Court of Missouri · 1931
- Boggess v. PenceSupreme Court of Missouri · 1959
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