Mize v. Burnett
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. (1) The motion to dissolve for want of equity in the bill amounted to a demurrer, and, this ‘having- been sustained, the appeal was properly taken on the record without a bill of exceptions. R. S. 1909', sec. 2038; Crow v. Jewelry Co., 116 Mo. App: 624; Austin v. Loring, 63 Mo. 19. (2) Answer had been.filed by defendant and is still on file, forming a part of the record proper, and hence before this court.
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Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. (1) The motion to dissolve for want of equity in the bill amounted to a demurrer, and, this ‘having- been sustained, the appeal was properly taken on the record without a bill of exceptions. R. S. 1909', sec. 2038; Crow v. Jewelry Co., 116 Mo. App: 624; Austin v. Loring, 63 Mo. 19. (2) Answer had been.filed by defendant and is still on file, forming a part of the record proper, and hence before this court. After answer was filed and not withdrawn, it was not in order to file a motion to dissolve in.the nature of demurrer to…
1Opinion of the CourtBroad Dus, P. J.
The plaintiff, as administrator of the estate of Matthew W. Anderson, deceased, pending the termination of the contest of the will of the said Anderson, instituted this action to restrain defendant from committing waste on certain lands of the estate, and for damages. The claim for damages and the prayer asking for injunction are set forth in two different counts.
After the temporary injunction was issued the defendant moved for its dissolution for the following reasons: 1st. The petition states no equity. 2d.. It states no equity whatever in the plaintiff. 3d. Waste is a permanent injury to…
2Cases cited7 opinions
- Austin v. LoringSupreme Court of Missouri · 1876
- Jefferson City v. OpelSupreme Court of Missouri · 1878
- Proffitt v. HendersonSupreme Court of Missouri · 1860
- Kohn v. LucasMissouri Court of Appeals · 1885
- Monroe City Bank v. FinksMissouri Court of Appeals · 1890
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3Cited by2 opinions
- Knowles v. MooreMissouri Court of Appeals · 1981
- Sermon v. SullivanMissouri Court of Appeals · 1982