Geltz v. Amsden
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) The court erred in ignoring- plaintiff’s claim for damages and deciding the case as though it was a bill in equity for an injunction alone. (2) The court erred in finding that there was any necessity to. change the creek onto plaintiff’s land when, obviously, the whole complaint could have been remedied by cleaning- out the creek at much less expense than was necessarily expended in digging the ditch.
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Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) The court erred in ignoring- plaintiff’s claim for damages and deciding the case as though it was a bill in equity for an injunction alone. (2) The court erred in finding that there was any necessity to. change the creek onto plaintiff’s land when, obviously, the whole complaint could have been remedied by cleaning- out the creek at much less expense than was necessarily expended in digging the ditch. (3) The court erred in refusing an injunction after defendants admitted that they had abandoned the plaintiff’s land with the…
1Opinion of the CourtEllison, J.
Plaintiff sought to enjoin defendants from diverting the course of certain watercourses and causing them to flow onto and across his land to his irreparable damage. The trial court found for the defendants and dismissed plaintiff’s bill.
The defendants insist that this court must affirm the judgment on the record as presented by the plaintiff. Defendants’ point is based on the claim that this is an equity case, wherein an appellate court is not bound by the finding of the trial court, and that, necessarily, we must have presented to us the entire evidence that we may make such disposition of…
2Cases cited5 opinions
- Scheurich v. Southwest Missouri Light Co.Missouri Court of Appeals · 1905
- Baker v. McDanielSupreme Court of Missouri · 1903
- Whipple v. McIntyreMissouri Court of Appeals · 1897
- Gunby v. RogersMissouri Court of Appeals · 1890
- Barnes v. BuzzardMissouri Court of Appeals · 1895
3Cited by2 opinions
- Chicago, Rock Island & Pacific Railway Co. v. State Highway CommissionSupreme Court of Missouri · 1929
- Montague v. W. H. Kolkmeyer & Co.Missouri Court of Appeals · 1909