Tuttle v. Blow
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Jas. E. Withrow, 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. R. S. 1889, sec. 7; 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. Jas. E. Withrow, 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. R. S. 1889, sec. 7; 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. A trademark can not be mortgaged. “A patent may be mortgaged,…
1Opinion of the CourtBrace, P. J.
This is a suit in equity to foreclose a mortgage executed by the defendants, Julia W. Blow, William T. Blow, Jr., and Benjamin E. Blow, dated the seventeenth day of September, 1889, conveying to the said Edwin Curd “all their right, title and interest in a certain trade-mark for eyesalve which was duly registered in the patent office of the United States by William T. Blow of St. Louis, Missouri, and recorded in the patent office, and declared to be in force for thirty years from the twenty-fifth of February, 1873, which said trade-mark is numbered 1142 and is for the exclusive right for the…
2Cases cited7 opinions
- Supreme Sitting of the Order of the Iron Hall v. BakerIndiana Supreme Court · 1893
- Wabash Railroad v. DykemanIndiana Supreme Court · 1892
- McClurg v. PhillipsSupreme Court of Missouri · 1872
- Naylor v. SidenerIndiana Supreme Court · 1886
- Wolff v. WardSupreme Court of Missouri · 1891
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3Cited by6 opinions
- Kline Cloak & Suit Co. v. MorrisSupreme Court of Missouri · 1922
- Tuttle v. BlowSupreme Court of Missouri · 1903
- Kansas City v. MarkhamSupreme Court of Missouri · 1936
- Zeitinger v. Hargadine-Mckittrick Dry Goods Co.Supreme Court of Missouri · 1925
- Bank of Darlington in Liquidation v. AtwoodMissouri Court of Appeals · 1930
1 more not listed; retrieve them via the Exa API.