Clutter v. Blankenship

Plaintiffs, owners of residential property situated near the intersection of Third and Dunn Streets in Monett, Missouri, seek to perpetually enjoin the operation by defendants of a funeral home in a building located at said intersection. From a decree granting such permanent injunction defendants appealed.

Respondents at the outset question our jurisdiction. Appellants, in their answer below, set up as a defense that the granting of an injunction would deprive them of their property in violation of the due process clause of the Constitution. [See. 30, Art. II, Constitution of Missouri.] This…