Tracy v. Bittle
Supreme Court of Missouri
Appeal from Grundy Circuit Court. — Hon. Geo. W. Wanamaker, Judge. (1) Injunction will not lie to prevent defendant, from continuing in possession nor to restrain Mm from preventing plaintiff from fencing or exercising any other control over the land. Smith v. Jameson, 91 Mo. 13; Echelkamp v. Schrader, 45 Mo. 505; Weigel v. Walsh, 45 Mo. 560; Crenshaw v. Cook, 65 Mo. App. 264; Graham v. Womach, 82 Mo. App. 624; PovMl v. Canaday, 95 Mo. App. 513; Jerome v. Ross, 7 Johns.
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Appeal from Grundy Circuit Court. — Hon. Geo. W. Wanamaker, Judge. (1) Injunction will not lie to prevent defendant, from continuing in possession nor to restrain Mm from preventing plaintiff from fencing or exercising any other control over the land. Smith v. Jameson, 91 Mo. 13; Echelkamp v. Schrader, 45 Mo. 505; Weigel v. Walsh, 45 Mo. 560; Crenshaw v. Cook, 65 Mo. App. 264; Graham v. Womach, 82 Mo. App. 624; PovMl v. Canaday, 95 Mo. App. 513; Jerome v. Ross, 7 Johns. Ch. 315; Carney v. Hadley, 32 Fla. 344; McGregor v. Min. Co., 14 Utah 47; Laeassagne v. Chapuis, 144 U. S. 119. (2) If this…
1Opinion of the CourtGraves, J.
The petition in this canse, which is one for injunctive relief, is quite long, hut the purport of the action is to enjoin and restrain the defendant from the desecration of a public graveyard, and the graves therein. The plaintiff has a number of immediate relatives buried in the graveyard in dispute, and in 1905, went to the premises with material to replace the fences around it, when he was prevented from so doing; by the defendant who owns the body of land from which the graveyard was originally carved and taken. For some time the defendant had been pasturing his stock on this graveyard,…
2Cases cited19 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Beatty and Ritchie v. Kurtz and OthersSupreme Court of the United States · 1829
- Pearsall v. PostNew York Supreme Court · 1838
- Campbell v. City of KansasSupreme Court of Missouri · 1890
- Rutherford v. TaylorSupreme Court of Missouri · 1866
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3Cited by34 opinions
- Fairlawns Cemetery Assn., Inc. v. Zoning CommissionSupreme Court of Connecticut · 1952
- Wooldridge v. SmithSupreme Court of Missouri · 1912
- Chew v. First Presbyterian Church of Wilmington, Del., Inc.District Court, D. Delaware · 1916
- Billings v. PaineSupreme Court of Missouri · 1959
- Roundtree v. HutchinsonWashington Supreme Court · 1910
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