Salisbury v. Salisbury
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge, (1) The court erred in sustaining the demurrer to plaintiff’s bill. (2) A court of equity has jurisdiction to protect itself against fraud, as well as parties litigant, and will, in the exercise of its functions, set aside not only statutory, but even constitutional provisions, where private rights are infringed, be they choate or inchoate.
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Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge, (1) The court erred in sustaining the demurrer to plaintiff’s bill. (2) A court of equity has jurisdiction to protect itself against fraud, as well as parties litigant, and will, in the exercise of its functions, set aside not only statutory, but even constitutional provisions, where private rights are infringed, be they choate or inchoate. Respondent contends that the bill was properly dismissed, and cites, in support of that, section 2185, Revised Statutes, and also section 2184. The case of C hilds v. Childs, 11 Mo. App. 395, is…
1Opinion of the CourtBlack, J.
This suit was commenced on the nineteenth of May, 1884, in the circuit court of Jackson county; the case is here from a judgment sustaining a demurrer to the petition.
The petition is lengthy, but the facts stated are, in substance, as follows: The plaintiff and defendant were married in the state of JNew York, in 1880, and in January of that year moved to Kansas City, Missouri, and commenced boarding with Isaac Westrope and his wife, Kate Westrope, who lived in a house owned by the defendant. The defendant at once began a systematic course of neglect toward plaintiff, and devoted his…
2Cases cited2 opinions
- Mansfield v. MansfieldSupreme Court of Missouri · 1858
- Childs v. ChildsMissouri Court of Appeals · 1882
3Cited by14 opinions
- Dorrance v. DorranceSupreme Court of Missouri · 1912
- Cole v. ColeMissouri Court of Appeals · 1901
- Hansford v. HansfordMissouri Court of Appeals · 1889
- Irvine v. LeyhSupreme Court of Missouri · 1890
- Smith v. SmithMissouri Court of Appeals · 1892
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