Legal Opinion

Hellman v. Somerville

Supreme Court of Missouri

Decided May 19, 1908PublishedCited by 2 opinions

Appeal from St. Louis City Circuit Court.— Hon. Jos. R. Kinealy, Judge. (1) 1. The facts disclosed by the record show such a meagre conception of equity by the plaintiff that no chancellor should seriously consider her bill. She is unwilling to do equity and hence should receive no aid in chancery. Ruppel v. Mo.

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Appeal from St. Louis City Circuit Court.— Hon. Jos. R. Kinealy, Judge. (1) 1. The facts disclosed by the record show such a meagre conception of equity by the plaintiff that no chancellor should seriously consider her bill. She is unwilling to do equity and hence should receive no aid in chancery. Ruppel v. Mo. Guarantee S. & B. Asso., 158 Mo. 613; Corby v. Bean, 44 Mo. 379; Kline v. Vogel, 90 Mq. 239; "Woodard v. Mastin, 106 Mo. 324. 2. It was error on the part of the trial court to refuse defendants the right to show by testimony the unwillingness of plaintiff to do equity. Steckman v.…

1Opinion of the CourtFox, P. J.

— This cause is now pending in this court upon appeal from a decree and judgment of the St. Louis Circuit Court in favor of plaintiff. It is an action to cancel certain conveyances to property on Washington avenue in the city of St. Louis and to decree possession in plaintiff, and for certain ipjunctive and other relief. The cause of action is stated in one count of the petition; however, it was tried without objection on that ground.

The plaintiff was a judgment creditor of defendants William Somerville and Hattie P. Somerville. As such she had the property in dispute on Washington avenue…

2Cases cited5 opinions

  1. Jones v. SimpsonSupreme Court of the United States · 1886
  2. Cuyler v. . McCartneyNew York Court of Appeals · 1869
  3. Wood v. CarpenterSupreme Court of Missouri · 1902
  4. Zeliff v. SchusterMissouri Court of Appeals · 1888
  5. Meredith v. WilkinsonMissouri Court of Appeals · 1888

3Cited by2 opinions

  1. National Automobile & Casualty Insurance v. Industrial Accident CommissionCalifornia Supreme Court · 1949
  2. Somerville v. HellmanSupreme Court of Missouri · 1908

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