Tuttle v. Blow
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) The allegations of the petition show that a court of equity is without jurisdiction, and notwithstanding their allegation to the contrary, they have a plain, adequate and complete remedy at law. Sec. 7, R. S. 1889; secs. 7078, 7084, 7085, 1993, 2207, 7085. Where a statutory remedy exists, equity will not interfere or assume jurisdiction. Schlector’s App., 60 Pa.
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Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) The allegations of the petition show that a court of equity is without jurisdiction, and notwithstanding their allegation to the contrary, they have a plain, adequate and complete remedy at law. Sec. 7, R. S. 1889; secs. 7078, 7084, 7085, 1993, 2207, 7085. Where a statutory remedy exists, equity will not interfere or assume jurisdiction. Schlector’s App., 60 Pa. St. 155. A proceeding to foreclose a mortgage under the statute is a legal remedy. 135 Mo. 604. (2) The petitidn is not sufficient in law to authorize the…
1Opinion of the CourtValliant, J.
This is the second appeal in this-case. It is a suit to foreclose a mortgage, and, ancillary to the main object, the equity powers of the court are invoked to preserve the property by placing it in the hands of a receiver pending the suit and enjoining the defendants from taking certain action calculated to impair the value of the security. Upon the filing of the petition a receiver was appointed and an injunction granted; there were motions by defendants to vacate the order appointing the receiver and to dissolve the injunction, which motions were overruled and an appeal taken. Upon the…
2Cases cited2 opinions
- St. Louis, Kennett & Southern Railroad v. WearSupreme Court of Missouri · 1896
- Tuttle v. BlowSupreme Court of Missouri · 1901
3Cited by7 opinions
- Schnucks Twenty-Five, Inc. v. BettendorfMissouri Court of Appeals · 1979
- Interstate Refineries, Inc. v. BarryCourt of Appeals for the Eighth Circuit · 1925
- State Ex Rel. Caron v. DearingSupreme Court of Missouri · 1921
- Leventhal v. Ollie Morris Equipment Corp.California Court of Appeal · 1960
- Bank of Houston v. KirkmanMissouri Court of Appeals · 1911
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