Caskey v. Edwards
Missouri Court of Appeals
Appeal from Jackson Circuit Court. —Hon. Thomas J. Scehorn, Judge. (1) A livery stable is not a nuisance per se. St. Louis v. Russell, 116 Mo. 248. (2) That plaintiffs have an adequate remedy at law if a nuisance should at any time be created in the conducting and carrying on of a stable.
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Appeal from Jackson Circuit Court. —Hon. Thomas J. Scehorn, Judge. (1) A livery stable is not a nuisance per se. St. Louis v. Russell, 116 Mo. 248. (2) That plaintiffs have an adequate remedy at law if a nuisance should at any time be created in the conducting and carrying on of a stable. City Charter, sec. 3, art. Ill, page 22; Real Estate Co. v. St. Louis, 169 Mo. 227. (3) Before equity will grant injunctive relief it must appear that the injury or wrong is real or imminent — if it has not already begun. Mere apprehension, fear, belief, prospect, possibility, or contingency is not…
1Opinion of the CourtEllison, J.
This is a proceeding in equity to restrain the granting of a permit to build a livery stable. The proceeding was begun against the superintendent of buildings for Kansas City. Afterwards the defendant Veatch, Avho applied to the superintendent for permission to build the stable, came into court, AAras made a party defendant and filed her answer. The finding and decree of the trial court Avere for the plaintiffs, and defendant, the superintendent, did not appeal, but defendant Veatch brought the case here.
It appears that there is an ordinance for Kansas *240City prohibiting' the location, erection…
2Cases cited9 opinions
- First National Bank v. SarllsIndiana Supreme Court · 1891
- City of St. Louis v. RussellSupreme Court of Missouri · 1893
- McCloskey v. KrelingCalifornia Supreme Court · 1888
- Lester Real Estate Co. v. City of St. LouisSupreme Court of Missouri · 1902
- Holke v. HermanMissouri Court of Appeals · 1901
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3Cited by9 opinions
- Holzbauer v. RitterWisconsin Supreme Court · 1924
- Meyer v. SeifertSupreme Court of Arkansas · 1949
- Mason v. DeiteringMissouri Court of Appeals · 1908
- Momeier v. John McAlister, Inc.Supreme Court of South Carolina · 1940
- Shelton v. LentzMissouri Court of Appeals · 1915
4 more not listed; retrieve them via the Exa API.