Johnson v. United Railways Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. W. B. Homer, Judge. (1) • The plaintiff in this case should be denied relief because this action is tainted with champerty and maintenance, and the plaintiff has not come into-a court of equity with clean hands. Champerty and maintenance are now recognized as prevailing in this State, with the same force and vigor as in England under the common law. Breeden v. Insurance Co., 220 Mo. 327; 5 Am. & Eng. Ency.
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Appeal from St. Louis City Circuit Court. — Eon. W. B. Homer, Judge. (1) • The plaintiff in this case should be denied relief because this action is tainted with champerty and maintenance, and the plaintiff has not come into-a court of equity with clean hands. Champerty and maintenance are now recognized as prevailing in this State, with the same force and vigor as in England under the common law. Breeden v. Insurance Co., 220 Mo. 327; 5 Am. & Eng. Ency. Law (2 Ed.), p. 815; Quigley v. Thompson, 53 Ind. 317. This lawsuit is the-result of the efforts of the plaintiff and his attorney to…
1Opinion of the Court
TiAMM3 J.
Equity. From an omnibus decree against them, defendants, Transit Company and Railways Company, appeal. Mr. Gilliam appeals from an order refusing him an allowance of an attorney’s fee.
Shortly, the record shows that at a certain time Railways Company became owner of the street railways of St. Louis. The consolidation was born in 1899 of the efforts of two syndicates, headed by Maryland Trust Company, and Brown Brothers and Patrick Calhoun, respectively. Presently, for reasons left to be conjectured, the men who control Railways Company organize Transit Company. There were some new…
2Cases cited27 opinions
- Trustees v. GreenoughSupreme Court of the United States · 1882
- Central Railroad & Banking Co. of Ga. v. PettusSupreme Court of the United States · 1885
- Tanner v. Lindell Railway Co.Supreme Court of Missouri · 1904
- Franke v. City of St. LouisSupreme Court of Missouri · 1892
- Chlanda v. St. Louis Transit Co.Supreme Court of Missouri · 1908
22 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Jesser v. Mayfair Hotel, Inc.Supreme Court of Missouri · 1962
- St. Paul & Kansas City Short Line Railroad v. United States Fidelity & Guaranty Co.Missouri Court of Appeals · 1937
- Ford v. Rock Island Ry. Co.Supreme Court of Missouri · 1919
- State Ex Rel. Cain v. MitchellSupreme Court of Missouri · 1976
- Carpenter v. Wabash Ry. Co.Court of Appeals for the Eighth Circuit · 1939
17 more not listed; retrieve them via the Exa API.