Fitzpatrick v. Stevens
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. J. H. glover, Judge. (1) In support of first and second assignments of error, section 214, Revised Statutes 1899, gives plaintiff his remedy, and only remedy. Clark v. TMas, 173 Mo. 628, pages 636, 637 and 643. (2) In support of third, "fourth, fifth and sixth assignments of error, see 2 Story Eq.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. J. H. glover, Judge. (1) In support of first and second assignments of error, section 214, Revised Statutes 1899, gives plaintiff his remedy, and only remedy. Clark v. TMas, 173 Mo. 628, pages 636, 637 and 643. (2) In support of third, "fourth, fifth and sixth assignments of error, see 2 Story Eq. (12 Ed.), sec. 1572, page 793; 1 Spelling on Injunction (2 Ed.), sec. 85, page 106; 1 Herman Estoppel and Res Judicata, sec. 242, page 277; 16 Am. and Eng. Ency. of Law (2 Ed.), 376; Link v. Link, 48 Mo. App. 345; Ramsey v. Hicks, 53 Mo. App. 190; George v.…
1Opinion of the CourtJohnson, J.
This is a suit in equity to set aside a judgment charged to have been concocted in fraud. The court, upon hearing, granted the relief ashed, and defendant appealed.
Plaintiff introduced evidence tending to sustain the following facts: In 1894 J. K. Miller Stevens executed and delivered to his brother, Edward A. Stevens, his promissory note for |400, bearing interest at eight per cent per annum. During the following year the payee accepted from the maker a steel safe in full payment of the note and interest. Edward, however, did not surrender the note, assigning as his reason that he had lost…
2Cases cited10 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Clark v. ThiasSupreme Court of Missouri · 1903
- Stewart v. CaldwellSupreme Court of Missouri · 1874
- Hargadine v. Van HornSupreme Court of Missouri · 1880
- Wonderly v. Lafayette CountySupreme Court of Missouri · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Anderson v. DyerMissouri Court of Appeals · 1970
- Howard v. ScottSupreme Court of Missouri · 1910
- Walther v. NullSupreme Court of Missouri · 1911
- Peeters v. SchultzSupreme Court of Missouri · 1923
- Wagoner Undertaking Co. v. JonesMissouri Court of Appeals · 1908
7 more not listed; retrieve them via the Exa API.