Legal Opinion

Abramsky v. Abramsky

Supreme Court of Missouri

Decided July 14, 1914PublishedCited by 10 opinions

Appeal from St. Louis City Circuit Court. — Hon. , George C. Hitchcock, Judge. (1) • The second amended petition is wholly without equity, (a) It showed that the plaintiff had no right to the exclusive possession of the premises, or the exclusive use of the rents. 1 Tiffany, Real Prop., p. 381; 2 Jones, Real Prop., sec. 1791; 1 Washburn, Real Prop.

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Appeal from St. Louis City Circuit Court. — Hon. , George C. Hitchcock, Judge. (1) • The second amended petition is wholly without equity, (a) It showed that the plaintiff had no right to the exclusive possession of the premises, or the exclusive use of the rents. 1 Tiffany, Real Prop., p. 381; 2 Jones, Real Prop., sec. 1791; 1 Washburn, Real Prop. (6 Ed.), sec. 915; 1 Pingree, Real Prop., p. 720; Hilles v. Fisher, 144 N. Y. 306; Branch v. Polk, 61 Ark. 393; Buttlar v. Rosenblath, 42 N. J. Eq. 651; Shinn v. Shinn, 42 Kan. 1; Corinth v. Emery, 63 Vt. 505; Chandler v. Cheney, 37 Ind. 391;…

1Opinion of the CourtFaris, J.

This is an appeal from an order of the circuit court of the city of St. Louis refusing to revoke and vacate an order for the appointment of a receiver. The only questions in issue are therefore whether the facts set out in the petition of plaintiff were such as to legally justify the action of the court in appointing a receiver. The facts of the case and the law to be applied to them necessarily involve the goodness, in a way, of the second amended petition of plaintiff.

This petition was unnecessarily voluminous, covering, as it does, some fourteen pages of the printed record. We do not think…

2Cases cited5 opinions

  1. Porter v. Bank of RutlandSupreme Court of Vermont · 1847
  2. Cantwell v. Columbia Lead Co.Supreme Court of Missouri · 1906
  3. Woodward v. WoodwardSupreme Court of Missouri · 1899
  4. Simmons v. ThomasMississippi Supreme Court · 1870
  5. Stark v. GrimesMissouri Court of Appeals · 1901

3Cited by10 opinions

  1. McElroy v. LynchSupreme Court of Missouri · 1950
  2. Purvis v. HardinSupreme Court of Missouri · 1938
  3. Lewis v. LewisSupreme Court of Missouri · 1945
  4. Seibert v. HardenSupreme Court of Missouri · 1928
  5. Ex Parte DevoyMissouri Court of Appeals · 1921

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