Lindley v. Russell
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Lind ley, J. Injunction will issue whenever a suit at law affords “ an unfair advantage ” to adverse party. — 57 Mo. 422 ; 51 Mo. 100. The bill is multifarious. — Mole v. Smith, Jac. Rep. 490-494; Bobb v. Bobb, 8 Mo. App. 257 ; Stallcup v. Garner, 26 Mo. 72; Robinson v. Rice, 20 Mo. 229 ; Maybury v. McClurg, 51 Mo. 256; Glark v. Cov. Mut. L. Ins.
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Appeal from the St. Louis Circuit Court, Lind ley, J. Injunction will issue whenever a suit at law affords “ an unfair advantage ” to adverse party. — 57 Mo. 422 ; 51 Mo. 100. The bill is multifarious. — Mole v. Smith, Jac. Rep. 490-494; Bobb v. Bobb, 8 Mo. App. 257 ; Stallcup v. Garner, 26 Mo. 72; Robinson v. Rice, 20 Mo. 229 ; Maybury v. McClurg, 51 Mo. 256; Glark v. Cov. Mut. L. Ins. Go., 52 Mo. 272. The petition is also bad for the reason that two causes of action are not separately stated. —Doan v. Holly, 25 Mo. 357. “ No relief will be granted in equity where, the complainant has a…
1Opinion of the CourtBakewell, J.
The petition alleges the following facts: Mary A. Russel died on the 12th of October, 1883. By her last will, which was duly probated oil the 13th of October, 1883, she named plaintiff as her executor. Letters testamentary were issued to plaintiff on the 26th of October, 1883. Certified copies of the will and letters are filed as exhibits with the petition. In addition to,a small amount of personalty, which will be applied to pay legacies, about which there is no dispute, the rest of the property of the deceased was a farm of two hundred aud thirty-six acres in Moniteau County, worth $10,000,…
2Cases cited3 opinions
- Fellows v. FellowsCourt for the Trial of Impeachments and Correction of Errors · 1825
- Bobb v. BobbSupreme Court of Missouri · 1882
- Bobb v. BobbMissouri Court of Appeals · 1880
3Cited by1 opinion
- Barrington v. RyanMissouri Court of Appeals · 1901