Thompson v. Cohen
Supreme Court of Missouri
Appeal from Madison Circuit Court. — Hon. James E. G-reen, Judge. (1) Under the practice in this state, equity cases are practically triable de novo in the appellate court. Blount v. Spratt, 113 Mo. 54; Benne v. Schnecko, 100 Mo. 258; McElroy v. Maxwell, 101 Mo. 308. (2) When a court of equity once acquires jurisdiction of a case, if authorized to act at all in the premises, it will, to avoid a multiplicity of suits, do adequate and complete justice between the parties.
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Appeal from Madison Circuit Court. — Hon. James E. G-reen, Judge. (1) Under the practice in this state, equity cases are practically triable de novo in the appellate court. Blount v. Spratt, 113 Mo. 54; Benne v. Schnecko, 100 Mo. 258; McElroy v. Maxwell, 101 Mo. 308. (2) When a court of equity once acquires jurisdiction of a case, if authorized to act at all in the premises, it will, to avoid a multiplicity of suits, do adequate and complete justice between the parties. Savings Inst. v. Gollonious, 63 Mo. 205; Baile v. Ins. Co., 73 Mo. 384. (3) There was no evidence that Philip Cohen…
1Opinion of the CourtGantt, P. J.
This is a proceeding in chancery to divest the title of a certain two story brick store building in Eredericktown, Madison county, out of William L. Cohen and vest the same in William A. Hargadine. Since the commencement of the suit and judgment in the circuit court, Mr. Hargadine has died, and his executors, the respondents have been duly substituted in *220his stead. The circuit court decreed the divestiture as prayed, and the defendants have appealed.
For many years prior to 1879, Philip Cohen had been a dry goods merchant in Fredericktown, and in that year failed. He was indebted to various…
2Cases cited9 opinions
- Mitchell v. LadewSupreme Court of Missouri · 1865
- Gutzwiller v. LackmanSupreme Court of Missouri · 1856
- Jones v. SnappTennessee Supreme Court · 1851
- Sharpe v. DavisIndiana Supreme Court · 1881
- Quinlan v. KeiserSupreme Court of Missouri · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Turner v. EdmonstonSupreme Court of Missouri · 1908
- Githens v. Butler CountySupreme Court of Missouri · 1942
- Byrd v. HaulCourt of Appeals for the Eighth Circuit · 1912
- Torreyson v. TurnbaughMissouri Court of Appeals · 1904
- Bealey v. BlakeSupreme Court of Missouri · 1900
5 more not listed; retrieve them via the Exa API.