Boland v. Ross
Supreme Court of Missouri
Appeal from Jackson Circuit Cowrt. — Hon. R. H. Field, Judge. (1) The petition filed by Boland against his partner, Eoss, states no ground for equitable relief against the attaching creditors or mortgagee. (2) Nor could there be a cross bill against a codefendant, as the matter pleaded is not germane to that in the original bill. 2 Daniell’s Oh. PL andPr., pp. 1647 and 1649, and notes.
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Appeal from Jackson Circuit Cowrt. — Hon. R. H. Field, Judge. (1) The petition filed by Boland against his partner, Eoss, states no ground for equitable relief against the attaching creditors or mortgagee. (2) Nor could there be a cross bill against a codefendant, as the matter pleaded is not germane to that in the original bill. 2 Daniell’s Oh. PL andPr., pp. 1647 and 1649, and notes. (3) The cross bills filed by the attaching creditors state no grounds for relief in equity, but show that, if the plaintiffs have any cause of complaint, they have a complete remedy at law and have invoked it.…
1Opinion of the CourtBubgess, J.
The plaintiff and the defendant, W. J. Ross, were partners in the retail liquor business as saloon keepers under the firm name of Ross & Boland. Their business enterprise did not prove successful and they became largely involved in debt. Among others of their creditors was Michael Ross, brother to W. J. Ross to whom they were indebted and to whom they gave a mortgage on their partnership stock to secure the payment of his debt and placed him in the actual possession thereof. This mortgage also included some real estate owned by Ross & Boland individually. They were also indebted, or claimed…
2Cases cited15 opinions
- Real Estate Saving Inst. v. ColloniousSupreme Court of Missouri · 1876
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1890
- Dobyns v. MeyerSupreme Court of Missouri · 1888
- Turner v. AdamsSupreme Court of Missouri · 1870
- Greeley v. ReadingSupreme Court of Missouri · 1881
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3Cited by26 opinions
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- Phelps v. ScottSupreme Court of Missouri · 1930
- State ex rel. Mayer v. O'NeillSupreme Court of Missouri · 1899
- Martin v. MurphyMassachusetts Supreme Judicial Court · 1914
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