Lambert v. St. Louis & Gulf Railway Co.
Supreme Court of Missouri
Appeal from Scott Circuit Court. — Hon. Henry G. Riley, Judge. (1) Even though conceding for the purpose of this case that the defendant was guilty of wrongfully invading plaintiff’s possession of the land described in the petition, yet injunction was not his remedy. The damages were not irreparable, nor the defendant insolvent, and the plaintiff had an adequate'remedy at law. Sills v. Goodyear, 80 Mo. App. 132; Echelkamp v. Schrader, 45 Mo. 505; 3 Pom. Eq.
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Appeal from Scott Circuit Court. — Hon. Henry G. Riley, Judge. (1) Even though conceding for the purpose of this case that the defendant was guilty of wrongfully invading plaintiff’s possession of the land described in the petition, yet injunction was not his remedy. The damages were not irreparable, nor the defendant insolvent, and the plaintiff had an adequate'remedy at law. Sills v. Goodyear, 80 Mo. App. 132; Echelkamp v. Schrader, 45 Mo. 505; 3 Pom. Eq. (2 Ed.), secs. .1347, 1350; Railroad v. Dey, 1 L. R. A. 744. (2) Crowder, who represented the railroad company in the purchase of the…
1Opinion of the CourtLamm, J.
— From a decree- in the Scott Circuit Court, finding that plaintiff owns and is in lawful possession of a triangular bit of land in Scott county, and has on this land two warehouses in which he stores grain, sis com pens holding three thousand bushels of corn, and fences enclosing and protecting the warehouses and pens, and that defendant has repeatedly entered the premises tearing down said fences when re-erected and threatens to continue such trespass in the future, and which decree makes perpetual a temporary injunction against defendant, its agents, servants and employees, enjoining them…
2Cases cited2 opinions
- Tramell v. AdamSupreme Court of Missouri · 1828
- Price v. HartSupreme Court of Missouri · 1859
3Cited by6 opinions
- Hamilton v. LinnSupreme Court of Missouri · 1947
- Marshall v. HillSupreme Court of Missouri · 1912
- Hill v. HopsonSupreme Court of Missouri · 1909
- Pemberton v. Ladue Realty & Construction Co.Supreme Court of Missouri · 1951
- Lewis v. GraySupreme Court of Missouri · 1947
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