Fulenwider v. Fulenwider
Supreme Court of Missouri
Appeal from Gape Girardeau Court of Common Pleas. I. The only way, in which the court below can rightfully obtain equity jurisdiction, is by a change of venue from the Circuit Court (Sess. Acts 1853, p. 81, § 1; 82, §§ 5,6); for courts of limited and inferior jurisdiction, and local courts, must keep within the prescribed powers of their creation.
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Appeal from Gape Girardeau Court of Common Pleas. I. The only way, in which the court below can rightfully obtain equity jurisdiction, is by a change of venue from the Circuit Court (Sess. Acts 1853, p. 81, § 1; 82, §§ 5,6); for courts of limited and inferior jurisdiction, and local courts, must keep within the prescribed powers of their creation. (Schell vs. Lei and, 45 Mo., 289; State vs. Metzger, 26 Mo., 65.) “ The distinction between law and equity has not been abolished by the new code.” (Meyers vs. Field, 37 Mo., 441.) Hence, the court below erroneously exercised a jurisdiction which…
1Opinion of the CourtAdams, Judge
This was an action in the nature of a bill in equity charging, that the plaintiffs are husband and wife, and that the defendant had received certain large sums of money, which belonged to the wife for her sole and separate use, and that the defendant had appropriated them to his own use. The petition prays, that he be compelled to account for the money, and that a trustee be appointed to receive it for the wife, and make investments for her, for her sole and separate use.
The sums of money referred to in the petition are set out in Arabic figures, and the words dollars and cents are not…
2Cases cited3 opinions
- Grant v. Brotherton's Administrator ex rel. JanneySupreme Court of Missouri · 1842
- Murrill v. HandySupreme Court of Missouri · 1853
- Montgomery v. BlairSupreme Court of Missouri · 1830
3Cited by4 opinions
- Rodney v. GibbsSupreme Court of Missouri · 1904
- Oliver v. SniderSupreme Court of Missouri · 1903
- Jesse French Piano & Organ Co. v. WallaceMissouri Court of Appeals · 1900
- State ex rel. Merriam v. RossSupreme Court of Missouri · 1894