Carpenter v. City of St. Joseph
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. W. K. Amioh, Judge. (1) Plaintiffs’ petition does not state a cause of action for the following reasons: (a) It does not. state that the defendants are insolvent and not able-to respond in damages, (b) It does not state facts-sufficient to show that plaintiffs will suffer an irreparable damage, by reason of defendants’ acts, (c) While-the petition states the conclusion that plaintiffs have-no adequate remedy at law, it states no…
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Appeal from Buchanan Circuit Court. — Hon. W. K. Amioh, Judge. (1) Plaintiffs’ petition does not state a cause of action for the following reasons: (a) It does not. state that the defendants are insolvent and not able-to respond in damages, (b) It does not state facts-sufficient to show that plaintiffs will suffer an irreparable damage, by reason of defendants’ acts, (c) While-the petition states the conclusion that plaintiffs have-no adequate remedy at law, it states no facts that can. support such an allegation, (d) The petition shows on its face that plaintiffs have an adequate remedy at.…
1Opinion of the CourtWalkee, J.
This is a suit in equity brought by the respondents in the circuit court of Buchanan county to enjoin the city of St. Joseph and the members of the Board of Public Works, naming them-, from attempting to convert a certain lot or parcel of ground in said city belonging to respondents into a public highway without condemning the property or ascertaining or paying any damages therefor or instituting any proceedings to effect that end. There was no application for a temporary injunction.
Upon a trial before the circuit court of Buchanan county a decree was rendered in favor of respondents, the…
2Cases cited6 opinions
- State Savings Bank v. KerchevalSupreme Court of Missouri · 1877
- Turner v. StewartSupreme Court of Missouri · 1883
- McPike v. WestSupreme Court of Missouri · 1879
- McGrath v. City of NevadaSupreme Court of Missouri · 1905
- Streator v. LinscottCalifornia Supreme Court · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Beetschen v. Shell Pipe Line Corp.Missouri Court of Appeals · 1952
- State Ex Rel. American Packing Co. v. ReynoldsSupreme Court of Missouri · 1921
- Johnson v. FergusonSupreme Court of Missouri · 1931
- Nokol Company v. BeckerSupreme Court of Missouri · 1927
- The Nat. Refining Co. v. CoxMissouri Court of Appeals · 1933
9 more not listed; retrieve them via the Exa API.