Legal Opinion

Little v. Cunningham

Missouri Court of Appeals

Decided February 13, 1906PublishedCited by 5 opinions

Error to Knox Circuit Court. — Eon. E. R. McKee, Judge. Statement.- — The plaintiffs in error were the defendants in the court below. The bill prays an injunction against defendants, restraining them from maintaining a call bell and private telephone in connection with the main line of an unincorporated voluntary association owning a small telephone line for mutual convenience in Knox county.

Read the full summary

Error to Knox Circuit Court. — Eon. E. R. McKee, Judge. Statement.- — The plaintiffs in error were the defendants in the court below. The bill prays an injunction against defendants, restraining them from maintaining a call bell and private telephone in connection with the main line of an unincorporated voluntary association owning a small telephone line for mutual convenience in Knox county. The facts substantially are that twenty-two- farmers, one of whom is the present defendant, John H. Cunningham, voluntarily associated themselves together and without being incorporated for that purpose,…

1Opinion of the CourtNortoni, J.

(after stating the facts). — 1. One of the ancient and familiar maxims of equity jurisprudence is that “he who comes into equity must come with clean hands.” The maxim has been otherwise stated: “Who does iniquity shall not have equity.” [Bleakley’s Appeal, 66 Pa. St. 187; Hershey v. Weiting, 14 Wright, 244-5; 50 Pa. St. 240; Millington v. Hill, Fontaine & Co., 47 Ark. 311.] “They must come with clean hands, with a conscionable regard for the rights of others, ready to do equity on their part, and seeking only equity at the hands of the court.” [McVey v. Brendel, 144 Pa. St. 235-249.] And in…

2Cases cited2 opinions

  1. Whelan v. ReillySupreme Court of Missouri · 1876
  2. Sinsheimer v. United Garment Workers of AmericaNew York Supreme Court · 1894

3Cited by5 opinions

  1. American Ins. Co. v. ScheuflerCourt of Appeals for the Eighth Circuit · 1942
  2. McKee v. FieldsOregon Supreme Court · 1949
  3. Primm v. WhiteMissouri Court of Appeals · 1912
  4. Producers Lumber & Supply Co. v. Olney Building Co.Court of Appeals of Texas · 1960
  5. Producers Lumber & Supply Co. v. Olney Building Co.Court of Appeals of Texas · 1960

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API