Sills v. Goodyear
Missouri Court of Appeals
Appeal from the Platte Circuit Court. — Hon. W. S. Herndon, Judge.- " (1) "Where a court of equity once takes jurisdiction of a matter it will do complete justice in all matters before it; and the dismissal of the plaintiff’s petition will not prevent defendants having proper affirmative relief. Jordan v. Harrison, 46 Mo.
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Appeal from the Platte Circuit Court. — Hon. W. S. Herndon, Judge.- " (1) "Where a court of equity once takes jurisdiction of a matter it will do complete justice in all matters before it; and the dismissal of the plaintiff’s petition will not prevent defendants having proper affirmative relief. Jordan v. Harrison, 46 Mo. App. 172; Woodard v. Mastín, 106 Mo. 324; Reyburn v. Mitchell, 106 Mo. 365; Story’s Equity Pleading [9 Ed.], sec. 399. (2) 'The remedy by injunction should be regarded favorably when asked to prevent a multiplicity of suits, or where its refusal will force the parties to…
1Opinion of the CourtSmith, P. J.
This is a suit in equity which was brought to set aside a judgment on the ground of fraud.
Statement. The .answer puts in issue the allegations of fraud contained in the petition and by way of cross-petition the defendants alleged that on the twelfth day of September, 1896, they were the owners and in possession personally and by tenants of a certain tract of land therein described, and that on the day and year aforesaid plaintiff, Lee Landon .and Frank Abbey made forcible entry into said tract and withheld the possession thereof from defendants, and that on the twenty-second day of said month…
2Cases cited18 opinions
- Case v. BeauregardSupreme Court of the United States · 1880
- Watson v. SutherlandSupreme Court of the United States · 1867
- Echelkamp v. SchraderSupreme Court of Missouri · 1870
- Sylvester Coal Co. v. City of St. LouisSupreme Court of Missouri · 1895
- Overall v. RuenziSupreme Court of Missouri · 1877
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- City of Excelsior Springs v. EttensonMissouri Court of Appeals · 1906
- Gordon v. MansfieldMissouri Court of Appeals · 1900
- St. Louis Smelting & Refining Co. v. HobanSupreme Court of Missouri · 1948
- Miles v. StateNebraska Supreme Court · 1905
- Graham v. WomackMissouri Court of Appeals · 1900
2 more not listed; retrieve them via the Exa API.