Lasar v. Baldridge
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — How. James A. Seddon, Judge. The petition alleges a forfeiture which we are entitled to enforce in equity. Orr v. Zimmerman, 63 Mo. 72; Bispham’s Prin. Eq. 238; Broun v. Vandegrif t, 80 Pa.
Read the full summary
Appeal from the St. Louis City Circuit Court. — How. James A. Seddon, Judge. The petition alleges a forfeiture which we are entitled to enforce in equity. Orr v. Zimmerman, 63 Mo. 72; Bispham’s Prin. Eq. 238; Broun v. Vandegrif t, 80 Pa. St. 148. Appellant has no full, adequate and complete relief at law, because: The respondent is insolvent and unable to respond to a judgment for damages ; the damages cannot be estimated ;the wrong complained of involves a multiplicity of suits concerning the same subject-matter. Biddle v. Ramsey, 52 Mo. 153. An analogy to a cloud is cast on appellant’s…
1Opinion of the CourtRombauer, P. J.
The plaintiff appeals from a judgment sustaining a demurrer to his second amended petition, and entering final judgment thereon. The record states that the plaintiff refused to plead further, but this recital is surplusage since under the statute his second amended petition was his third pleading, and being adjudged insufficient on demurrer, it was the duty of the court to render final judgment regardless of the fact whether plaintiff desired to plead further. R. S. sec. 3540; Beardslee v. Morgner, 73 Mo. 22. The petition states in substance that on February 16, 1885, plaintiff and defendant…
2Cases cited4 opinions
- Messersmith v. MessersmithSupreme Court of Missouri · 1856
- Beardslee v. MorgnerSupreme Court of Missouri · 1880
- Orr v. ZimmermanSupreme Court of Missouri · 1876
- Quinlivan v. EnglishSupreme Court of Missouri · 1869
3Cited by3 opinions
- Electrical Research Products, Inc. v. Vitaphone Corp.Supreme Court of Delaware · 1934
- McNees v. Southern InsuranceMissouri Court of Appeals · 1897
- Ridenbaugh v. ThayerIdaho Supreme Court · 1905