Pitts v. Pitts
Supreme Court of Missouri
Appeal from Hickory Circuit Court. — Eon. Argus Cox, Judge. (1) Under the finding of facts and the ruling of this court in the case of Wheelock v. Overshiner, 110 Mo. 100, the judgment should'have been for the plaintiffs. (2) When the finding .of facts is incorporated in the judgment, then they become a part of the judgment, and if the conclusion of law is not warranted by the facts thus found, this court will reverse and enter up the proper judgment, or reverse the case.
Read the full summary
Appeal from Hickory Circuit Court. — Eon. Argus Cox, Judge. (1) Under the finding of facts and the ruling of this court in the case of Wheelock v. Overshiner, 110 Mo. 100, the judgment should'have been for the plaintiffs. (2) When the finding .of facts is incorporated in the judgment, then they become a part of the judgment, and if the conclusion of law is not warranted by the facts thus found, this court will reverse and enter up the proper judgment, or reverse the case. Blount v. Spratt, 113 Mo. 48; Land Co. v. Bretz, 125 Mo. 422;. Fitzpatrick v. Weber, 168 Mo. 572; Shaffer v. Detie, 191…
1Opinion of the CourtLamm, J.
Plaintiffs sued Jas. J. Pitts in ejectment for the southwest one-fourth of the southeast one-fourth of section 1, township 35, range 22, in Hickory county, Missouri, laying their ouster as of the 2nd day of May, 1902. As Elenor Britton filed a separate answer, we assume that by mediate steps she was made a party defendant. The answers of Pitts and Mrs. Britton set forth equitable matter as a defense, and prayed affirmative equitable relief. A finding of facts was requested by plaintiffs, was made by the trial court, and incorporated into the decree. On that finding of facts, the decree went…
2Cases cited9 opinions
- Carter v. PriorSupreme Court of Missouri · 1883
- Patterson v. PattersonSupreme Court of Missouri · 1906
- Guinan v. DonnellSupreme Court of Missouri · 1907
- State ex rel. Guinan v. JarrottSupreme Court of Missouri · 1904
- Kerstner v. VorwegSupreme Court of Missouri · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Aulgur v. StrodtmanSupreme Court of Missouri · 1932
- Walther v. NullSupreme Court of Missouri · 1911
- Jackson v. MerzMissouri Court of Appeals · 1949
- Berry v. RoodSupreme Court of Missouri · 1908
- Rust Sash Door Co. v. Bryant (mo.app.K.C. 1939)Missouri Court of Appeals · 1939
8 more not listed; retrieve them via the Exa API.