Magel v. Gruetli Benevolent Society
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. Thomas G. Hennings, Judge. (1) The pleadings and the evidence for plaintiffs make out a complete and convincing case of nuisance entitling them to an injunction in equity as prayed without any preceding judgment at law declaring the nuisance. Baker v. McDaniel, 178 Mo. 447, 467 et seq.; Hall v. Morton, 125 Mo. App. 315-322; Blackford v. Heiman Co., 132 Mo. App. 157; Bradbury Co. v. Laclede Co., 128 Mo.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. Thomas G. Hennings, Judge. (1) The pleadings and the evidence for plaintiffs make out a complete and convincing case of nuisance entitling them to an injunction in equity as prayed without any preceding judgment at law declaring the nuisance. Baker v. McDaniel, 178 Mo. 447, 467 et seq.; Hall v. Morton, 125 Mo. App. 315-322; Blackford v. Heiman Co., 132 Mo. App. 157; Bradbury Co. v. Laclede Co., 128 Mo. App. 96; Hayner v. Excelsior Co., 129 Mo. App. 691; Fischer v. Missouri Ry., 135 Mo. App. 37-49; Powell v. Brookfield Co., 104 Mo.…
1Opinion of the Court
This is an equity suit, the purpose of which is to abate and enjoin the maintenance of an alleged nuisance.
The plaintiffs, being husband and wife, are the owners of a group of dwelling houses called flats, being known as numbers 2708-2710 and 2714 Arsenal street, which is a portion of the city of St. Louis used mainly for residences and small stores. The plaintiffs reside in the upper flat of said group and the one which adjoins the property owned and occupied by the defendants.
The defendants are organized under the statutes as benevolent or educational corporations and are chartered as such,…
2Cases cited5 opinions
- Snyder v. CabellWest Virginia Supreme Court · 1886
- State ex rel. Thrash v. LambSupreme Court of Missouri · 1911
- City of Shreveport v. Leider-Krantz SocietySupreme Court of Louisiana · 1912
- First Methodist Episcopal Church v. Cape May Grain & Coal Co.New Jersey Court of Chancery · 1907
- Pape v. Pratt InstituteAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by14 opinions
- National Rejectors, Inc. v. TriemanSupreme Court of Missouri · 1966
- State Ex Rel. Danforth v. Independence Dodge, Inc.Missouri Court of Appeals · 1973
- Caldwell v. Knox Concrete Products, Inc.Court of Appeals of Tennessee · 1964
- Clinic & Hospital, Inc. v. McConnellMissouri Court of Appeals · 1951
- Middleton v. TozerMissouri Court of Appeals · 1953
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